Loading...
HomeMy WebLinkAboutORD FOR INTRODUCTION 06-... (2)DATE: JU#E 6, 1988 NO. 2 6-6-88 Inter- Corn ORDINANCES FOR INTRODUCTI( TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNI1T DEVELOPME#T DEPARTI~ENT ZONING OROINANCE AI~ENOMENT 87-4 CULTURAL RESOURCES OISTRICT RECOF~E#DATION It is recommended that the City Council take the following actions: 1. M.O. hold first reading of Ordinance 1001 by title only. 2. M.O. introduce Ordinance 1001. 3. Instruct staff to advertise appointments to Cultural Resources Advisory Committee. BACKGROUND The City Council at their regular meeting on May 2, 1988 reviewed proposed Zoning Ordinance Amendment 87-4. While no interested party spoke in opposition to the Ordinance, concern was expressed about the possible opposition that property owners and businesses in the commercial area might have to be included within the proposed District. In response to this concern, the City Council continued their final action on the matter and instructed staff to solicit additional participation and comments from commercial property owners and businesses in Old Town about the proposed District. Staff undertook two separate actions in soliciting the participation requested by the City Council. First, a community workshop was held for the commercial. property owners and tenants. Secondly, staff did a walking field survey of businesses in Old Town. All commercial property owners and city licensed businesses in Old Town were invited to attend the community workshop held on May 18th. Staff were available to summarize the proposed Ordinance, to discuss how the Ordinance would affect business interests and to answer any questions about the program. A copy of the letter that was sent requesting attendance is attached {198 notices were sent). Staff also prepared a survey form which we requested that workshop attendees con~lete (see attached). Planning Commission Report Zoning Ordinance Amendment 87-4 June 6, 1988 Page two Despite extensive notification, only six individuals attended the meeting. Five attendees completed the distributed survey forms: three respondents to the survey were commercial property owners in Old Town and one respondent was a residential property owner. All survey respondents indicated that they had reviewed the proposed summary of the Ordinance and the actual Ordinance. Three of the five survey respondents indicated support for the Ordinance and believed the commercial area should remain in the proposed District boundaries. While two respondents opposed the Ordinance, one believed the commercial area should be removed from the District boundaries and the other felt the commercial area should remain in the District. Field surveying of businesses in Old Town was undertaken the week of May 23rd. A survey form, Ordinance summary, Ordinance and letter was left with each business. Staff was available to discuss the Ordinance, to answer questions and arranged the day after initial contact to pick up co~leted survey forms. While some businesses owners did not complete the requested survey, the following is a summary of the results of those business interests in Old Town who responded, to the field survey: - 38 responses to the survey were received. - 36 or 955 of respondents indicated they had read the summary bf the proposed Ordinance, one respondent had not reviewed the summary and there was no response on one returned form. - 25 or 665 of respondents indicated that they had actually reviewed the proposed Ordinance. - 10 or 275 of respondents did not review the Ordinance, and there were 2 forms returned with no response. - 25 or 665 of the respondents support the proposed District; 9 or.245 of respondents indicated no opinion; 3 respondents opposed the proposed District and there was one returned response with no opinion marked. - 29 or 765 of respondents believed that the commercial area in Old Town should remain in the proposed District boundaries; only 2 or .55 of respondents believed that the commercial area should be removed; and 5 or 145 of respondents had no response to this question. DC~rrieSc~ton~eo~hic~gm~n~y DeVelopment CAS:pef Attachments: Notice of meeting Survey packet Summary of Ordinance Ordinance 1001 Corn munity [:)eveloprnent Department of-Tustin Community Development Department Dear Property Owner or Business Tenant: The City Council of the City of Tusttn ts currently considering the possible adoption of Zoning Ordinance Amendment 87-4. The proposed Amendment would establish a Cultural Resource Overlay District, criteria for designation of Cultural Resources, procedures for revtew of butlding construction plans and revised zoning requirements to maintain the character of Old Town Tustln and to preserve htstortc and cultural resources within the City. Prlor to taking final action of the proposed Cultural Resource District, the Ctty would like to encourage additional participation and coaments from commercial property owners and bustness tenants in the Old Town area proposed within the boundary of the proposed Cultural Resource District. As a coamarctal property owner or business tenant tn the downtown area of Tustin, you are invited to attend a workshop on May [8, [988, at 5:00 p.m. tn the Conference Room at the Tusttn Branch of the Orange County Ltbrary at 345 E. Main Street. The purpose of the workshop ts to dtscuss how the proposed ordinance may affect you and to answer any questions you may have about the proposed program. Attached for your Information ts a summary of the proposed ordinance and a map of affected areas. If you have any questions concerning the workshop, please contact Christine Shtngleton or Laura Cay Pickup at (7[4) 544-8890, extension 250. CAS:ts Attachments 300 Centennial Way · Tustln. C'~l~omia 92680 · (714) 544-8890 City of Tustin Community Development Department DATE: Dear Business Owner/Manager: The City of Tustin is currently in the process of considering a Cultural Resources Overlay District for the Old Town commercial and residential areas. This project has been the subject of resident and commercial owner concern and the City is interested is surveying the business community for their input. Attached to this letter is a summary of the proposed Cultural Resources Overlay District and a survey form. Please review the summary and fill out the survey form. Should you have further questions, please feel free to contact me at the number listed below. Otherwise, I will be back at your office on the date noted below to pick up the survey and answer any questions that you might have. Thank you for your cooperation. Sincerely, Christine A. Shingleton, Director of Community Development Laura Cay Pickup, Acting Senior Planner DATE TO RETURN TO PICK UP SURVEY: 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 Depar~mnt.of Co~u~t t7 Development Zonlng Ordinance Amendment 87-4 The Proposed Cultural Resources Dlsl~lct A Summw of Major P~o~istons April 4, 1988 8ack2round Over the last several years significant public concern has been expressed regarding specific development proposals in the "Old Town" area of Tustin. Major issues identified by residents have included their desire to see the character of Old Town and the extsttng single family zoning maintained, and historic resources preserved. In response to these concerns the Tustin City Council in the Spring of 1987, imposed a moratorium on the issuance of permits for any subdivision of land, zone change or land use change in the residential area of Old Town. Since adoption of the moratorium, an initial community workshop was held with property owners in Old. Town. As the City began evaluating major community issues which surfaced at this workshop as well as tnforqMtton compiled from agencies and cities throughout the State, tt became apparent that the cost effective tool to maintain and enhance the character of Old Town would be the creation of a Cultural *ources Zontng District. The purpose of the Cultural Resource 0tstrtct is to provide a framework for recognizing, preserving and protecting cu11~rally 'significant structures, natural features, .sttes and neighborhoods within the*City of. Tusttn. The Cultural Resource Dtstrlct Is an overlay Distrtct which will apply to those properties shown on ~he attached map and to those cultural resource structures and site that can be designated by Resolution of the City Council. An overlay zoning district Is one which is overlaid on an existing zoning designation for the purpose of recognizing the special character of an area such as Old Town and providing for a special revie~ or permit process. The underlying zoning remains In place but the addition of a designation would add to existing zonlng requirements. Proposed Cultural Resource District boundaries as and generally reflect the following: Cultural Resource District shown on the attached map Inclusion of a major portion of area within the original City of Tustin juri sdt cti onal boundari es; Inclusion of R-I, and multi-family zoned properties whic~ exhibit unique architectural character and historic/cultural resources in the Old Town area; Inclusion of historic sites as identified by the Tustin Historical Society which are included on the Tustin Heritage Walk; Z ~g Ordinance Amendment 87-4 Cu .~ral Resources Oistrict April 4, i988 Page two Inclusion of the E1 Cemino Real Commercial Distict be=ween Sixth Street and Fi rst Street. Call=r~l Resources Advlsor~ Committee E$~blishment of the Cultural Resources, District would also create an Advisory Committee of five members appointed by the City Council a majority of-who would reside or own property tn the residentially zoned areas within the proposed Cultural Resource District and whose membership would represent various interest amd experience including knowledge of local history, experience in a design prefession, someone ingaged in business in the Cultural Resource District and a member of the Tusttn Area Historical Society. The Committee would act solely in an advising capacity to the City Council in m~tters effecting es~bltshment of a Cultural Resource District, designation of Culturml Resources and as a liaison between residents, propertyI owners and the City C~ --,il. C~lml ~esom~e Dest~natton Criteria and P~cedu~es The proposed ordinance establishes criteria for use in designating cultural resources and Cultural Resource Districts and the- procedures to be followed in making said designations. Final action of any designation must be approved by the City Council. Permit Rtq~tred for Exterior, Alte~ttons A Certificate of Appropriateness will be required prior to demolition or removal of improvements or prior to making exterior modifications to a building or site within a Cultural Resource District or to a Designated Cultural Resource when such improvements require a City building permit. A Certificate of Appropriateness will not be required for ordinary maintenance or repairs. The Community Development Department would have the authority to approve or disapprove Certificates of Appropriateness. All decisions appealable to both the Planning Commission and City Counci 1. ~hile there may be concern from property owners about any additional administrative ~ocedures they would need to go through to process building construction plans if a Certificate of Appropriateness is required, property owners should be assured th~ they would not have to go through a separate process to obtain plan a~ vals. The Community Development Department would go through the same design review process it currently undertakes in reviewing plans and would also make, at the same time,~ whatever findings are required in the Cultural Resources Ordinance. Criteria and I)evelo~ent Standards The proposed ordinance would allow the Cultural Resource Advisory Committee to establis~ design criteria and standards as a guide to evaluating applications for : ng Ordinance Amendment 87-4 C~.~ural Resources'District April 4, [988 Page three Certificates of Appropriateness.' Unlike other ordtnance's found in Cities like Orange, there would be no mandatory guidelines imposed by the ordinance on commercial properties. Any guidelines developed would be advisory only. In addition, the proposed Ordinance identifies separate residential and co~nercial development standards. The major change in residential standards is an increase in the minimum lot size to [0,000 square feet for single family zones and 15,000 square feet for multiple family zones. Although. the current minimum lot size is only 7,200 square feet in the single and multiple, the average size residential lot located within the proposed Cultural Eesources District is over 12,000 square feet. Commercial development standards proposed in the District are those that are currently included in Specific Plan No. [ {the I1 Camino Real Development Plan) adopted by Ordinance No. [57, which would be repealed with the adoption of the proposed Cultural Resource Oistrict. [xisting City lots would not be affected by this revised minimum lot size requirement. The new requirement would only be applied against new subdivisions. C. .ts:per ':XHIBIT A -I J CiTY OF TUSTIN NORTH OLD TOWN CULTURAL RESOURCES 1/111 -- DISTRICT BOUNDARY DISTRICT NOTE: BOUNDARY lINES ADJACENT TO I-5 AND SR-55 FREEWAYS DENOTE ULTIMATE RIGHT OF WAY LINE, DISTRICT DOES NOT iNCLUDE AREAS FOR F-'~EEWAY EXPANSION PROPOSED CULTURAL I~SOURO~S O[STP.]CT SUR¥£Y Ray 18, 1988 ! am currently a commercial property' owner in the Old Town area. a residential property owner in the Old Town area. . . a business owner in the Old Town Area. a resident or renter in t~e Old Town Ar~a. other (Indicate your interest) II. How did you hear about the proposed Cultural Resources District? (Check all items that apply) City Public Hearing notices sent City Invitations to community workshops on the topic Local newspaper ar~tcles From other business interests in Old Town Other (Indicate) III. Have you reviewed the Sun~ of the Proposed Cultural Resources District? Yes. Ho IV. Have you reviewed the Draft of the Proposed Cultural Resources District? Ho V. My opin.ton of the proposed Cultural Resource Oistrlct. (Check.all items t~at apply) I am in support of the Ordinance. I am in opposition of t~e Ordinance. I have no opinion about t~e Ordinance. I have special concerns and comments regarding the Ordinance, they are as follows: The City Council is currently reviewing the issue of whether the co~nmercial area in Old Town should be included in the District. What is your opinion? I believe the commercial area of Old Town should remain in the ' proposed District Boundaries. I believe the commercial area should be removed From proposed District Boundaries. Optional (Name) (Business address) (Home address) (Phone) ORDINANCE NO. 1001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TuSTIN, CALIFORNIA ADOPTING ZONING ORDINANCE AMENDMENT 87-4 AMENDING PART S 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 lr 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: ThatSection g252 be added to Part 5. Chapter 2 of Article 9 of the Tusttn 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. 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 ~o Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. Enhance property values and increase economic and financial benefits .~o 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 land uses. B. APPLICABILITy e 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 wi th 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 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. CULTURAL RESOURCES ADVISORY COMMITTEE 1. There is hereby created a Cu)tural Resources Advisory Committee which shall consist of five (5) members appoihted 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 ~rea Historical Society. Ordinance No. ~00! Page three T~e 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 a 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 sha)l 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. e 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 de]iberations 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, aesthetic, 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. 100! Page four It embodies distinctive characteristics of style, ~pe, period, or method of construction, or is a valuable example of the use of indigenous materials or craftmanshtp; or It ts representative of the no~able 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 ts a geographically definable area possessing a concentration or continuity of site, buildings, structures or objects as unified by past evefits or aesthettcally"bY plan 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 fi ve resource shall be issued while the public hearing or any appeal related thereto is pending. In the case of a proposed Designated Cultural Resource, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, property owner, and occupants of the improvement at least 10 days prior to the date of the public hearing, using the name and address of such owners 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 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. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing for the designation of a proposed cultural resource or Cultural Resource District, the Committee shall recommend approval in whole or in part, or disapproval in whole or in part of the application in writing. In the case of a proposed Cultural Resource District, the Committee's. recommendation shall be forwarded to the Planning Commission who shall follow all Zoning 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 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. 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 slx 10. As soon thereafter as reasonably possible the .Community Oevelopment 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 accomplished by following the above procedures. CERTIFICATE OF APPROPRIATENESS REQUIRED may be 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. be Demolition or removal of any Designated Cultural Resource or of any Improvements in a Cultural Resource District. Ce A certtficate'.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. Applications for Certificate of Appropriateness shall comply with the California Environmental Quality Act (CEOA). Ordinance ~o. 1001 Page seven 0 The Community Development'Director shall have the authority to approve, approve with conditions, or deny Certificates of Appropriateness for in~rovements 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 rendertng'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 ca)endar days from the date of the decision. Such appeal shall specify the grounds upon which the appeal is based and be acco~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 period 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 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 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 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 made. For work on a Designated Cultural Resource within a Cultural Resource District, the required findings for both the Resource and District shall be made. Alteration of a Designated Cultural Resource: 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. 2. 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. be 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 materials, scale, size, height, placement and use of a new building or structure in relationship to existing buildings and structures and the surrounding setting. FINDINGS AND ADDITIONAL PERMIT PROCEDURES FOR 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 nine the Community Development' Director or, on appeal, the City Council finds that one or more of the following conditions exist: 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: I't is not feasible to preserve or restore the structure, taking into consideration the economic feasibility-of'alternatives to the proposal. e 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 demolition the applicant has complied with 1.3 below: Ce A Certificate' of Appropriateness has been approved by the Com,,~nity 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. A period of 180 days has expired from the date of City Council denial of a Certificate of Appropriateness.. In addition to the above requirement, no demolition permit or relocation permit shall be issued for the demolition or .relocation of a Designated Cultural Resource or structure Ordinance 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. 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: Acceptable materials for new construction such as stucco, masonry, metal, and glass curtain: Appropriate architectural character, scale, and detail for ne~ construction; -- Ce Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; de 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 as light fixtures, carpentry, tile or projections. on new or existing structures such gas lights, canopies, exterior wood, signs, banners, flags and 2. Residential standards a. Permitted uses: All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Res,dental District. 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 Plannfng Commission. Ordinance No. 1001 Page eleven b. Site development standards: 1. Hlntmum single famtly lot size: 10,000 square feet. 2. HtntmUm 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 tn the underlying commercial district. The City Council may also permit other non-listed uses which support the purpose of the dfstrtct as a conditional use following a public, hearing and recommendation from the Planntng 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 11mtttng the outside dlsplay 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: Plpe& Tobacco Shops Wine Tasting Rooms Leather Goods Candle.Shops Boutique Coffee Shops £thntc Restaurants (Spanish, Mexican French, German) Hobby Shops Delicatessens Antique Shops Lampshops Yardage Goods Knit Shops Ice Cream Parlors Jewelry Shops Wrought Iron Ware Art Galleries General Offices Photographer's Studios GiftShop China and Crystal The above list of potential uses is not all encon~asstng but typifies the character of uses that illustrate the desired image. Ordinance No. iDOl Page ~wel ve 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 building setbacks may be established at the property line except for corner properties requiring a five foot ('$') 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 ~he frontage on "C" or Prospect Streets. As an exception to the 'general sections of this' Chapter and other provisions of the Zoning Ordinance, when commercial and professional properties are developed or converted to permitted uses under the provisions of this Ordinance, on-site parking requirements may be modified under any one or a combination of the following provisions: 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. be 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. Public Improvements Public improvements contributing to the motif of the area. and the intent of this ordinance are to consist of the following: l) Street furniture for convenience of the pedestrian shopper to consist of benches and trash receptacles. 2) Street lighting with the use of stanchions and ftxtures 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. s) 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. 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: 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 Calling upon the City Attorney to institute any necessary legal proceedings to enforce the provisions of this section, and the City Attorney is hereby authorized to institute any actions to that end: Ce Calling upon the Chief of Police and authorized agents to assist in the enforcement of this section. In addition to any of the foregoing remedies, the City Attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this section, or for an injunction in appropriate cases. ® Penalties. Any person violating any provision o( 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, or relocation of any publicly or privately owned Designated Cultural Resource, or any structure, natural feature, of site within a Cultural Resource District. "Committee" means the Cultural Resource 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 City Council. "Designated site" (cultural resource site)" means a parcel or part thereof on which a cultural resource is situated, and which has been designated a cultural resource site by the City Council. "Demolition" means to tear down or demollsh. "£xtertor architectural feature" means the architectural elements eebodytng 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 Real Redevelopment Plan (Specific Plan No. 1) is hereby repealed. Section S. That the official Tustin Zoning Map is hereby amended to include a Cultural Resource District and to include those properties shown on Exhibit A within said district. Section 6. That Ordinance No. is hereby entitled repealed. Section 7. If any section, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, 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 stxteen PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the ~ day of . , 1988. ~6nald B. Hoesterey, Mayor Mary-E. wynn City Clerk -:XHIBIT A Ii' , . ~ ~._.?i? .~',., I i .F'IFF-'!I '--"~--I ~' 'l-~,~ CITY OF , '~ .! ~ TUSTIN i~ II L I ', / / NORTH Ill OLD TOWN CULTURAL, RESOURCES DISTRICT I~11 -- DISTRICT BOUNDARY NOTE,:, BOUNDARY lINES ADJACENT TO l-5 AND S~-55 F~EEWAYS DENOTE ULTIMATE RIGHT OF WAY I. JNE, DIST'~ICT DOES NOT INI2LLIDE AREAS FOR. F"~NAY EXPANSION