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HomeMy WebLinkAboutNB 6 GEODESIC DOME 04-20-81DATE; TO: FROM: SUBJECT: April 14, 1981 NE~q BUSINESS ! nter - C om THE HONORABLE MAYOR AND THE CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY COMMUNITY DEVELOPMENT DEPARTMENT PROPOSAL TO CONSTRUCT A PACKAGED RESIDENTIAL STRUCTURE IN THE FORM OF A GEODESIC DOME WITHIN THE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT This office has reviewed the matter of the proposed develop- ment of a geodesic dome which is being proposed for construction on Second Street near A Street. Initially we would like to respond to the question of providing for architectural review of such projects prior to development. Tustin City Code Section 9272 provides for design review by the Community Development Director. Tustin City Code Section 9272b provides as follows: "b Scope of Jurisdiction Prior to the issuance of any building permit, including new structures or major exterior alteration or enlargement of existing structures, building to be relocated, and signs to be con- structed or modified, the Community Development Director shall approve the Site Plan, Elevations and Landscaping for such development." Ciearl~:~ ~,'~= ~ubject to reservations which are discussed els_ ..... 4n this !nter-Com, the Site Plan, Elevations and Land- sca~nc _~_ _ development must be approved by the Community Dev_~e~.~ Director prior to issuance of a building permit. Tustin City Code Section 9272c outlines the considerations of the Community Development Director in making such a review. It provides in applicable part as follows: "The Community Development Director shall approve the submitted plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Director shall consider the following items: (1) Height, bulk and area of buildings. (3) Exterior materials and colors. (4) Type and pitch of roofs. (6) Towers, chimneys, roof structures, flagpoles, radio and television antennae. (13) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thOroughfares. (15) Development Guidelines and criteria as adopted by the City Council." (emphasis added) Pursuant to Tustin City Code Section 9272c, it would appear that architectural features and general features of buildings may be regulated through a review by the Community Development Director. Several of the areas for regulation consider the roof design and shape. Most notably, subparagraph (13) clearly permits the appearance and design relationship of the proposed structure to the existing structures in the neighborhood to be regulated by approval of the Community Development Director. A problem exists with subparagraph (15) however. The Tustin City Council has adopted Resolution 78-78 as the Development Guidelines referred to in Tustin City Code Section 9272c(15). On page 1 of the Guidelines under the title "GENERAL REGULATION", the purpose of the Guidelines is stated as follows: To establish guidelines and policies to enable the staff, Redevelopment Agency, Planning Agency, and City Council to review development applica- tions for multi-family residential, professional, commercial, and industrial sites within the City to assure quality of development, equality of design £~andards, and public safety, health and You wi2; notice Zhat this "Purpose" paragraph refers to every kind of de;i*.,lopment e×ce~t single-family development. We have been in- forme~ by City s5aff that this exclusion was intentional in that the Council has felt in the past that it should not interfere with the private development of a single-family lot. Because of this exclusion, the City of Tustin's Community Development Department has not engaged in design review on single-family residential con- struction. If it is now t~e desire of the City Council to engage in architectural review in cases where a residential design is clearly out of harmony with the design of the remainder of the community, this change in policy may be reflected by amending the Guidelines. Specifically, Resolution 78-78 adopting the Guidelines should be amended to insert the words "single-family residential" into the "Purpose" paragraph appearing on page 1 of the Guidelines. This amendment would bring the existing design review procedures to bear upon single-family residential development. -2- By applying the Guidelines to single-family residential construction, the Community Development Director will treat this development in the same manner he treats any other development in the City of Tustin. If a single-family residential developer is dissatisfied with the determination of the Community Development Director, then the City Council will have its opportunity to review the Community Development Director's determinations through the appeal procedure which is available in the existing ordinance. The procedures for approval and for appeal are all set out in Tustin City Code Sections 9272d and f. Attached for your review is a copy of Tustin City Code Section 9272 in its entirety, includ- ing the provisions for appeal to the City Council. RLL:lw:D:4/13/81 Attach. cc: City Administrator City Clerk Community Development Director -3- DATE: April 15, 1981 inter-Corn TO: FROM: SUBJECT: THE HONORABLE MAYOR AND CITY COUNCIL JAMES G. ROURKE, CITY ATTORNEY ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY AMENDMENT TO THE HANDBOOK OF GUIDELINES FOR PLANNING, ZONING AND DEVELOPMENT Please find attached a draft resolution amending the Handbook of Guidelines for Planning, Zoning and Development ("Guidelines") which was adopted by City Council Resolution No. 78-78. This amendment follows the procedure recommended in this office's Inter-Com dated April 14, 1981 relating to the proposed development of a geodesic dome on Second Street near A Street. By amending the Guidelines in this manner the Guide- lines would state as one of its purposes the review of develop- ment applications for single-family residential sites and thereby subject such developments to existing design review procedures. RLL:Iw:D:4/15/8! cc: Dan Blankenship 1 2 3 4 5 6 ? 8 9 10 11 12 13 15 16 17 18 19 20! 22 Ii 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 81-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFOP~IA, AMENDING THE HANDBOOK OF GUIDELINES FOR PLANNING, ZONING AND DEVELOP~4ENT ADOPTED BY RESOLUTION NO. 78-78. The City Council of the City of Tustin, California, resolves as follows: 1. Article I, Section A, Subsection 1 of the Handbook of Guidelines for Planning, Zoning and Development of the City of Tustin, dated July, 1978, and adopted by Resolution No. 78-78 is amended as follows: "1. To establish guidelines and policies to enable the staff, Redevelopment Agency, Planning Agency, and City Council to review development application for single-family residential, multi-family residential, profes- sional, commercial, and industrial sites within the City to assure quality of develop- ment, equality of design standards, and public safet~-~ health and welfare." 2. ~krae i3) copies of this Resolution shall be main- tained in 5ke Qffice of the City Clerk together with the Hand- book of Guidelines for Planning, Zoning and Development of the Cisy of Tustin. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the 20th day of April, 1981. ATTEST: CITY CLERK RLL:lw:D:4/15/81 - TUSTIN CITY CC~DE 9272 9272 DESIGN P~%fIEW a Review Required (1) The City Council finds that poor quality in the exterior design, development and maintenance of structures, landscaping and general appearance affects the desirability of the neighboring area and the community as a ~'hole, and impairs the benefits of both potential and existing occupancy of other properties to the detriment of the public health, safety, comfort and general welfare. (2) The City Council further finds that quality evaluations are necessary to fully accomplish~e purpose of regulations designed to control such matters, since such regulations cannot both allow reasonable latitude for diversity and originality of design and still be specific enough to control all the aspects of the different uses that can adversely affect the community. (3) The Co,unity Development Department is hereby established to accomplish the above objectives and shall have the following responsibilities: (a) To provide for the review of building design, site planning and site development in order to protect the increasing value, standards and import- ance of l~nd and developr~ent in the City due to the urbanization of Orange County. (b) To retain and strengthen the unity and order of the visual community. (c) To insure that new uses and structures enhance their sites and are harmonious with the highest standards of ir~rovements in the surrounding area and total com~munity. (4) In carrying out the f~mnctions of design review, consultant services may be utilized as budgeted by the City Co~%cil. (Ord. ~o. 587, Sec. 2) b Scope cf Jurisdiction Prior to the issuance of any k~iilding permit, including new structures or major exterior alteration or enlar~=zzunt of existing structures, building to be re- located, and signs to ke 2~m~ructed or modified, the Cor. nunity Development Director sl~all appro?e ~{~ Sz%e Plan, Elevations and Landscaping for such develcp~nens. (Ord. Uo. S~7, Sec. 2} c Conditions of Approval The Community Development Director shall approve the submitted plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and ha~onious development of the area, the present or future develoment therein, the occupancy thereof, or the co~unity as a whole. In ~aking such findings, the Director shall consider the following items: " (1) Height, bulk and area of buildings. (2) Setbacks and site planning. (3) Exterior materials and colors. (4) Type and pitch of roofs. (5) Size and spacing of windows, doors and other openings. (6) Towers, chimneys, roof sturctures, flagpoles, radio and television antcnnae. REV: 1-79 .................................................................... ?_%??_? (7) Landscaping, pa_rking area design and traffic circulation. (8) Location, height and standards of exterior ill~nunation. (10) Location and appearance of equipment located outside of an enclosed structure. (11) Location and method of refuse storage. (12) Physical relationship of proposed structures to existing structures in the neighborhood. (13) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. (14) Proposed signing. (15) Developn~nt Guidelines and criteria as adopted by the City Council. d Procedures and Time Limits (1) The Community Development Department shall review all applications for use permit, variance and other proceedings subject to public hearing before the Planning Commission, and shall render to the Planning Commission a report of its review, observations and recomL~endation prior to the date of such public hearing. (2) Pertinent information shall be furnished to the Coca,unity Development Department to enable review and evaluation of proposed developments. (3) The decision of the Cor~unity Development DJrector in matters of original jurisdiction and those referred to him by the Planning Co~nission or City Council shall be final, unless a~peal~d in writing as h,~rcin provided. (4) Development shall c©m~nence within a period of ei<jhteen ~onths, other- wise, a new evaluation and review shall be required.prior to any development. e Gui,fling Principles !mplementatfon of the deve!q~ment preview process relative to external design shall ~e ~uided by the following principles: (1) 2~ividual iniziacave shall be encouraged. Control shall be reduced to the m£x£::um e×z=zn ~sib!e, while insuring that the goals stated in this Chapter ~lre a~hJa'.-ed ~o the fullest possible extent. (2) good a~c~%iteczural character is based upon the suitability of a struct]~e for its ?~__~poses, upon the appropriate use of sound materials and upon the principles of harmony and proportion in the elements of the structure. (3) C~od architectural character is not, in itself, more costly than poor architectural character and is not dependent upon the particular style of architecture selected. (4) When considering signs, particular attention shall be given to incorporating the design, including colors, of the sign into the over-all design of the entire development, so as to achieve homogeneous development. (5) Building to be relocated must be previewed as to their compatibility with neighboring structures and with existing or proposed structures on the same site. (Ord. No. 587, Sec. 2) REV: 1-79 .... · u~,_N CiTY CODE ZONING 9272f f Appeals Appeal of any decision of the Community Development Director may be made by any person to the Planning Co~mission pursuant to the following procedures: -- (1) Within seven(7) days of any decision an appeal may be filed in writing with the Co~nunity Development Department stating the reason for said appeal, accompanied by a fee of $30.00, provided, however, that any appeal filed -- pursuant to this Section by the City Council or ~ny merber thereof shall not be subject tO the requirement of payment of any fee. (2) The Planning Commission shall schedule a hearing of said appeal at a meeting to be held within thirty (30) days of the filing of such appeal or at such other time as may be determined by the Planning Commission from time to time. (3) The decision of the Planning Commission shall be final unless a~ -- appeal is filed with the City Council within fifteen (15) calendar days of the date of the action taken by the Planning Commission. Appeals to the City Council shall be filed under the same procedures as other appeals on the Zoning Ordin- -- ance. (Ord. No. 656, Sec. 2) g Appointment of Development Preview Board of Appeals (1) NurSer of Men, ers the Development Preview Board of Appeals shall consist of five (5) mer~ers appointed by the City Council. (2) Terrs& Compensation Board member~ shall be appointed for two (2) year terms. Compensation for attendance at Board meetings shall be as set by the City Council. (3) Qualifications ]4crbers, inaofar as auai2~ie~ shall be selected from at least three (3) of the followin? qroups: (a) Licensed Architects (b) Registered Lsn~scape Architects (c) Registered Civil Engineer (d) Persons associated with the Real Estate or Building Industries having had demonstrated e~erience in the visual arts. (e) Any other group, the selectee from which the City Council at its discretion determines could significantly contribute to accomplishing the stated goals of the Development Preview Appeals Board. (4) 9uoru__m Three members shall constitute a quorum for the conduct of business. (5) Officers A Chairman shall be selected by the membership upon call of a Board of Appeals Meeting. REV: 1-79 (6) Records ~:inutes shall be kept of Board of Appeals meetings, indicating recc:~endat]ons of staff, proposals by the applicant, and act]on taken by the Board in the re- view of ~ubject proposals. (Ord. No. 587, Sec. 2) 9273 hO.,-CO~OPd..INo STRUCTURES AND USES (a) Except as otherwise provided in this Section, uses of land, buildings, or structures existing at the time of the adoption of this Chapter may be con- tinued, although the particular use, or the building or structure does not con- form to the regulations specified by this Chapter for the district in which the particular building or structure is located or use is made; provided, however, no non-conforming structure or use of land may be extended to occupy a greater area of ]and, building or structure than is occupied at the time of the adoption of this Chapter. If any non-conforming use is discontinued or abandoned, any sub- sequent use of such land or building shall conform to the regulations specified for the district in which such land or building is located. If no structural alterations are made therein, a non-conforming use of a non-conforming building may be changed to another use of the s~me or more restrictive classification upon the securing of a use permit. If the non-conforming use is replaced by a more restrictive non-conforming use, the occupancy thereafter may not revert to a less restrictive ~se. If any use is wholly discontinued for any reason except pursuant to a valid order of a court of law for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the ]and or building is located. (Ord. NO. ].57, Sec. 6.1) (b) .'-.ny building or st'r:cture, ex]sting at the date of adoption of this Chapter, '-hich is non-conforming either in use, design, or arran~3ement, shall not be ~n!~r[ed, extended, reconstructed, or structurally altered, unless such enlargame: t, extension, re,instruction or alteration is in complia~:.ce with the reguiatic.-._-- set for~-h in 'ih'_s Chapter for the district in which such building or structure ls !ocatef; 5roui?l-=~d, however, that any such non-confoz~ming building or struc-_ure may be ~_-ai~=tained, repaired or portions thereof replaced, so long as such r-~ir~tenance~ re?airs or replace:nents do not exceed fifty percent (50%) of the bui!ding's assessed valuation, as shown on the last equalized assessment roll of t]~e City of Tustin. ~e Planning Department of the City of Tustin may send, by certified mail, return receipt requested, to the owner, as shown on the last equalized assess- ment roll, of any non-conforming building or structure, or of any property upon which any prior non-conforming use exists, a demand that said owner shall furnish to the City of Tustin a statement, under oath, on a form submitted for said purpose, setting forth a detailed description of said use. Said statement shall be filed with the Planning Department of the City of Tustinwithin thirty (30) days from the date of such demand. Upon any failure to duly file such a statement as herein provided, said building, structure and use shall conform to all regulations of the zone in which it is located within thirty (30) days after such failure. (Ord. No. 310, Sec. 1) REV: 1-79 .... --~N CiTY COi)E ZONING 9273(c) (c) A non-conforming building, destroyed to the extent of more than fifty percent (50%) of its reasonable value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only in com- pliance with the regulations existing in the district wherein it is located. (Ord. No. 310, Sec. 2) (d) The provisions set forth in (b) and (c) above, shall apply to struc- tures, land and uses which hereafter become non-conforming due to any re- classification of districts under this Chapter; provided, ho'~ever, tP~t public uses, public utility buildings and public utility uses existing at ~he time of the adoption of this Chapter, or existing at the time of reclassification of districts, shall not be considered non-conforming. (Ord. No. 319, Sec. 3) REV: 1-79