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HomeMy WebLinkAbout03 CODE AMEND 07-001-ORD 1332 CONSOL PC & HISTORIC RES 03-20-07 AGENDA REPORT Agenda Item Reviewed: City Manager 3 Jjf1 Finance Director N/A MEETING DATE: MARCH 20, 2007 TO: WilliAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 07-001 - ORDINANCE NO. 1332 (Planning Commission/Historic Resource Committee Consolidation) SUMMARY Code Amendment 06-005 consists of proposed amendments to Tustin City Code Section 9252c related to assigning cultural and historic resources responsibilities to the Planning Commission. The Mayor requested a review and asked for recommendations to consolidate and minimize impacts on City resources related to City Boards, Commissions, and Committees. After consideration of this matter on January 15 and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 (Planning Commission/Historic Resource Committee Consolidation) to the Planning Commission for consideration. On March 13, 2007, the Planning Commission adopted Resolution No. 4057 recommending that the City Council adopt Code Amendment No. 07-001. RECOMMENDATION That the City Council conduct a public hearing; introduce, and have the first reading of Ordinance No. 1332; and, set for second reading at the Council's next scheduled meeting. FISCAL IMPACT Code Amendment 07-001 is a City-initiated project. It is anticipated that the adoption of Ordinance No. 1332 may result in a cost savings to the City due to the consolidation of responsibilities. ENVIRONMENTAL The proposed code amendment is not subject to the California Environmental Quality Act ("CEQA") per Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) City Council Report Code Amendment 07-001 Page 2 of 4 because it has no potential for resulting in physical change to the environment, directly or indirectly. BACKGROUND AND DISCUSSION The Mayor requested a review and asked for recommendations to consolidate and minimize ifDpacts on City resources related to City Boards, Commissions, and Committees and requested that staff agendize this matter for discussion. After consideration of this matter on January 15 and February 20, 2007, the Council directed staff to: return with a recommendation on realignment of commission/committee responsibilities and an ordinance removing term limits for these bodies; and, initiated and referred draft Ordinance No. 1332 (Planning Commission/Historic Resource Committee Consolidation) to the Planning Commission for consideration. The City Council took several actions related to the City's Boards and Commissions; however, as related to the Planning Commission, it was the Council's desire to have the Planning Commission accept the responsibilities of the Historic Resource Committee. The following is a discussion of the roles and responsibilities of the Planning Commission and the Historic Resource Committee. Planninq Commission The Planning Commission consists of five (5) Tustin residents appointed by the City Council. The duties of the Planning Commission are prescribed in Section 65103 of the California Government Code and in Tustin City Sections 1511 et seq. and include the preparation and implementation of the City's General Plan, including the administration of specific plans and zoning and subdivision ordinances. State law does not mandate that cities have Planning Commissions per se. However, State law does require that each city have a planning agency. Therefore, if the City does not have a Planning Commission, then the City Council must act in this capacity. Historic Resource Committee/Certified Local Government Proqram On June 20, 1988, the City Council adopted Ordinance No. 1001, which established the City's Cultural Resources Overlay District, the requirements for the Cultural Resources Advisory Committee (now called the Historic Resource Committee), and other related provisions. As part of this process, the City also was recognized as a CLG for historic preservation. The CLG Program and the Historic Resource Committee are summarized below. Historic Resource Committee: The Historic Resource Committee is a group of five (5) residents who are appointed by the City Council to serve on the Committee. Pursuant to Tustin City Code Section 9252, "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 liaison between residents City Council Report Code Amendment 07-001 Page 3 of 4 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." During the past several years, the Committee has focused its efforts on the following activities: . Studying and recommending expansion of the Overlay District . Reviewing nominations to the Tustin Historic Register plaque program . Presenting commendation letters to owners of outstanding properties . Reviewing the 2001 Tustin Historical Survey Update . Discussing significant development projects in the Overlay District . Discussing the impacts of freeway and aircraft noise on the District Per the Tustin City Code, the Historic Resource Committee is required to meet quarterly, which is consistent with the State requirement for certified local governments. State law does not mandate that cities have a Cultural Resources District or a Historic Resource Committee (unless CLG status is obtained). The City Council does have the discretion to assign the duties of the Committee to the Planning Commission. The CLG Program is a national program designed to encourage the direct participation in the identification, registration, and preservation of historic properties. A local government becomes a CLG by developing and implementing a local historic preservation program based on Federal and State standards. The benefits to being a CLG include: eligibility for Federal grants from the Historic Preservation Fund administered by the California Office of Historic Preservation; direct participation in the nomination of historic properties to the National Register of Historic Places; opportunity for enhanced responsibilities to review and comment on development projects in compliance with Federal environmental regulations, thereby expediting the review time; special technical assistance and training for local preservation commission members and staff from the State Office of Historic Preservation; and potential for participation in the review of building rehabilitation plans for Federal inyestment tax credits. Five (5) responsibilities of a CLG include: enforcement of State and local legislation for the designation and protection of historic properties; establishment of an adequate and qualified historic preservation review committee by local law; maintenance of a system for the survey and inventory of historic properties; provision for adequate public participation in the local historic preservation program; and, performing the responsibilities delegated by the State. Tustin's Certified Local Government: The City of Tustin became a CLG on July 31, 1991. As a CLG, the City of Tustin receives technical assistance from the State Office City Council Report Code Amendment 07-001 Page 4 of 4 of Historic Preservation and is eligible to receive annual matching grants that can be used to fund various historic preservation projects. Previous grants funded include the Old Town educational video in 1992; a seismic rehabilitation project in 1994; workshop and conference attendance by staff and members of the Cultural Resources Advisory Committee in 1995; and, the first and second phases of the update to the City's Historical Resources Survey in 2000 and 2001. The City of Tustin did not receive CLG grant funds in 1996, 1997, and 1998 and did not apply for the grant funds in 1999 and 2002 through 2006. Although the grants have funded noteworthy projects, the grant amounts have diminished. Code Amendment 07-001 - Draft Ordinance No. 1332 The City Council initiated Ordinance No. 1332 to consolidate the responsibilities of the Historic Resource Committee with those of the Planning Commission. Some of potential benefits of consolidation include that the Council has more flexibility in filling the vacant positions (of the Planning Commission in their role as the Historic Resource Committee). The State's recommended professional qualifications for membership would no longer apply, and the Committee would not be mandated to meet a minimum of four times per year or attend an approved training workshop every year. If the Ordinance is adopted by the City Council, the Planning Commission, acting in this capacity, could develop a list of desired duties and responsibilities (a Work Program) for the City Council's review and consideration on an annual basis. Staff has prepared draft Ordinance No. 1332 with associated findings for the City Council's consideration. a~~~ Elizabeth A. Binsack Community Development Director Attachments: A. Draft Ordinance No. 1332 B. Planning Commission Resolution No. 4057 Attachment A Draft Ordinance No. 1332 ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9252 C AND ASSOCIATED SECTIONS OF THE TUSTIN CITY CODE RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBILITIES TO THE PLANNING COMMISSION. The City Council of the City of Tustin, California, finds and ordains as follows: Section 1. A. That on January 15 and February 20,2007, the City Council, after consideration of matters related to consolidation and realignment of commission/committee responsibilities and ways to minimize impacts on City resources related to City Boards, Commissions, and Committees, initiated and referred draft Ordinance No. 1332 to the Planning Commission for consideration; B. That State law does not mandate that cities have a Cultural Resources District or a Historic Resource Committee and that the City Council does have the discretion to assign the duties of the Committee to the Planning Commission; C. That the Council has more flexibility in filling the vacant positions (of the Planning Commission in their role as the Historic Resource Committee) because the State's recommended professional qualifications no longer apply; D. That the Planning Commission acting in this capacity could develop a list of desired duties and responsibilities regarding cultural and historic resources for the City Council's review and consideration on an annual basis; E. That there is less of an impact on the City's general fund in that the Committee would not be mandated to meet a minimum of four times per year or attend an approved training workshop each year; F. That on March 13,2007, a public hearing was duly noticed, called, and held on Code Amendment 07-001 by the Planning Commission, and the Planning Commission recommended that the City Council approve Code Amendment 07- 001 ; G. That on March 20, 2007, a public hearing was duly noticed, called, and held on Code Amendment 07-001 by the City Council; and, H. That this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not Ordinance No. 1332 Page 2 a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 2. Subsection c of Section 9252 of the Tustin City Code is amended to read: c. Planning Commission The Planning Commission shall advise the City Council on all matters relating to historic and cultural resources, including without limitation, matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning Commission shall not exercise any independent final decision-making authority or expend city funds. Actions of the Commission shall not be considered actions of the City and shall not be represented as such. Section 3. Any reference within the Code to the Historic Resource Committee or Cultural Resource Advisory Committee is hereby changed to Planning Commission. The City Clerk is authorized to make this name change within the Code as deemed appropriate. Section 4. The provisions of this Ordinance shall become effective at 12:01 a.m. on the thirty-first day after passage. PASSED, APPROVED, AND ADOPTED this _ day of 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER CITY CLERK 2 Ordinance No. 1332 Page 3 APPROVED AS TO FORM: DOUGLAS HOLLAND CITY ATTORNEY ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1332 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the _ day of , 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: 3 Attachment B Planning Commission Resolution No. 4057 RESOLUTION NO. 4057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 07-001 AMENDING SECTION 9252 SUBSECTION C OF THE TUSTIN CITY CODE RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBILITES TO THE PLANNING COMMISSION. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That on January 15 and February 20, 2007, the City Council after consideration of matters related to consolidation and realignment of commission/committee responsibilities and ways to minimize impacts on City resources related to City Boards, Commissions, and Committees, the Council initiated and referred draft Ordinance No. 1332 to the Planning Commission for consideration; B. That State law does not mandate that cities have a Cultural Resources District or a Historic Resource Committee and that the City Council does have the discretion to assign the duties of the Committee to the Planning Commission; C. That the Cquncil has more flexibility in filling the vacant positions (of the Planning Commission in their role as the Historic Resource Committee) because the State's recommended professional qualifications no longer apply; D. That the Planning Commission acting in this capacity could develop a list of desired duties and responsibilities regarding cultural and historic resources for the City Council's review and consideration on an annual basis; E. That there is less of an impact on the City's general fund in that the Committee would not be mandated to meet a minimum of four times per year or attend an approved training workshop each year; F. That on March 13,2007, a public hearing was duly noticed, called, and held on Code Amendment 07-001 by the Planning Commission, and the Planning Commission recommended that the City Council approve Code Amendment 07-001; and. G. That this ordinance is not subject to the California Environmental Quality Act (UCEQA") pursuant to Title 14, California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable Resolution No. 4057 Page 2 indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. II. The Planning Commission hereby recommends that the City Council approve the ordinance adopting Code Amendment 07-001, attached hereto as Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 13th day of March, 2007. a~A~~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4057 was duly passed and adopted at the regular meeting of the Tustin Planning Commission, held on the 13th day of March, 2007. ~~ ~ ~~A · LIZABETH A. BINSACK Planning Commission Secretary EXHBIT A to Planning Commission Resolution No. 4057 ORDINANCE NO. 1332 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTION C OF SECTION 9252 OF THE TUSTIN CITY CODE RELATED TO ASSIGNING CULTURAL AND HISTORIC RESOURCES RESPONSIBiliTIES TO THE PLANNING COMMISSION. The City Council of the City of Tustin, California, ordains: Section 1. Subsection c of Section 9252 of the Tustin City Code is amended to read: c. Planning Commission The Planning Commission shall advise the City Council on all matters relating to historic and cultural resources, including without limitation, matters affecting the establishment of a Cultural Resource District, designation of Cultural Resources, and as a liaison between residents, property owners, and the City Council within a Cultural Resources District. In performing its historic and cultural resources duties, the Planning Commission shall not exercise any independent final decision-making authority or expend city funds. Actions of the Commission shall not be considered actions of the City and shall not be represented as such. Section 2. Any reference within the Code to the Historic Resource Committee or Cultural Resource Advisory Committee is hereby changed to Planning Commission. The City Clerk is authorized to make this name change within the Code as deemed appropriate. Section 3. The provisions of this Ordinance shall become effective at 12:01 a.m. on the thirty-first day after passage. PASSED, APPROVED, AND ADOPTED this _ day of 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER CITY CLERK :'~j501.1 1 APPROVED AS TO FORM: DOUGLAS HOLLAND CITY ATTORNEY ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was passed and adopted at a regular meeting of the City Council held on the _ day of , 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK Published: :S~751)~ I 2