HomeMy WebLinkAbout03 CONSOLIDATE PC/HRC COMMISSIONS: CODE AMEND 07-001 04-17-07REPORT
AG NDA
MEETING DATE: APRIL 17, 2007
TO: WILLIAM HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
Agenda Item
Reviewed:
City Manager
Finance Director
SUBJECT: Continued -- CODE AMENDMENT 07-001 — ORDINANCE NO. 1332
(Planning Commission/Historic Resource Committee Consolidation)
SUMMARY
3
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.
This item was scheduled for consideration by the Council at it meeting of March 20,
2007 and continued for 30 days to solicit input from stakeholders.
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;
or, take action as deemed appropriate.
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.
City Council Report
Code Amendment 07-001
Page 2 of 6
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)
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 impacts 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.
Planning 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 Program
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.
City Council Report
Code Amendment 07-001
Page 3 of 6
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
p Y
Resource District, designation of Cultural Resources, and as liaison 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."
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 investment 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
City Council Report
Code Amendment 07-001
Page 4 of 6
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
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. Draft Ordinance No. 1332 with associated findings has
been prepared for the City Council's consideration.
This item was scheduled for consideration by the Council at its meeting of March 20,
2007 and continued for 30 days to solicit input from stakeholders. On March 22, 2007 a
letter soliciting input from stakeholders was sent (Attachment C). In response, letters
were submitted by the State of California, Office of Historic Preservation; the Tustin
Preservation Conservancy, and Markus & Heidi Brown (Attachment D). While the
stakeholders' specific issues are addressed in each of the letters for the Council's
consideration, the following are some of the broader issues and/or concerns noted:
The Old Town area is unique and deserves special treatment -- If Ordinance No.
1332 is approved, the Cultural Resources Overlay District, the structures listed on the
Historic Survey and the Certificate of Appropriateness process will remain.
Planning Commissioners do not reside in Old Town yet they make will be making
decisions regarding buildings in Old Town -- Commissioners are often called upon
City Council Report
Code Amendment 07-001
Page 5 of 6
to make decisions on buildings and sites within areas in which they may not reside. It is
presumed that each Commissioner makes an independent decision based on each
proposal presented, the Tustin City Code, any applicable rules and regulations, facts
and any testimony presented at the public hearing/meeting.
No training is required of the Planning Commissioners -- While no training may be
prescribed in the Tustin City Code for the Planning Commission that is not to say that
the Commission or any Commission or Committee serving in such a capacity for the
City will not be trained for the role that they are serving. As an example, all Boards and
Commissions are advised and trained in matters of the Brown Act; the Parks and
Recreation Commission is trained on matters related to recreational activities; and the
Planning Commission conducts workshops and attends training on matters related to
Planning and Land Use Law. It is anticipated that the Planning Commission will receive
training as did the Historic Resources Committee if the Ordinance is approved.
The number of meetings required is at issue -- The City Council asked that City staff
analyze this issue from the broader perspective for all Boards and Commissions and
consider consolidation opportunities where they may exist (See Detailed discussion in
Attachment F). Under the CLG requirements, there are a minimum of four meeting
times per year. The Historic Resources Committee was meeting on average on a
monthly basis. The Planning Commission during its hearing on this matter noted its
desire to review the Work Program established by the HRC and to perform most or all of
the functions that were being performed after they conducted a review of that Program.
The Planning Commission meets approximately 26 times per year and can agendize
these matters as deemed necessary and/or appropriate.
The State OHP noted that the Work Program process is troubling -- The "Work
Program" was established by the Cultural Resources Committee (Historic Resources
Committee) and approved by the City Council (See Excerpts from the May 16, 2005
City Council Minutes approving the Work Program and the Associated Agenda Report —
Exhibit E). The purposes for such a Program are many but in short they are to ensure
that the Plan implements the Councils policies and procedures, the General Plan and
Budget. The Planning Commission during its hearing on this matter noted its desire to
review the Work Program established by the HRC and to perform most or all of the
functions that were being performed after they conducted a review of that program. The
Planning Commission may make recommendations to add or remove tasks to this list.
The Planning Commission may be unable to "deal with conflicts between the
desires of developers and the desires of preservationists." -- The author makes a
fallacious assumption that these desired objectives are mutually exclusive. Further, it
assumes that the Tustin Planning Commission is not able to act in an independent
capacity. The Planning Commission serves various roles, they serve in their capacity
as Planning Commissions in quasi judicial and legislative proceedings; they act as the
Board of Appeals per the City's adopted Uniform Building Code; and they also act as
the hearing body for various provisions of the Tustin City Code. It is presumed that
each Commissioner makes an independent decision based on each proposal
City Council Report
Code Amendment 07-001
Page 6 of 6
presented, the Tustin City Code, any applicable rules and regulations, the facts and any
testimony that may be provided before making a decision. It is also presumed that the
Commission and/or the City can ascertain the number of meetings necessary to
address the issues/matters that affect the Tustin Community.
The Planning Commission may not have the same "strong preservation ethic, "
"recognition" or "stewardship responsibilities of public service" -- Again this is
fallacious as noted above and draws a conclusion with no facts to support the
conclusion. Further, as noted in OHP's letter and attachment, there are several
Planning Commissions' that serve in this capacity throughout the state. It is assumed
that those dedicated individuals do have some "ethic, "recognition", and "stewardship
responsibility of public service." To gain these attributes, one does not have to have an
ordinance that is the same as all others or that is dictated by a state or federal
government to receive a Certification. Substance over form seems more noteworthy.
If the Ordinance is adopted, the CLG designation will be lost --- Loss of the CLG
designation may not be the case. In a discussion with the State Preservation Officer it
was noted that mere adoption of the Ordinance will not result in decertification.
Decertification may occur if the City does not comply with the federal standards for
certification.
all
Elizabeth A. Binsack
Community Development Director
Attachments:
A. Draft Ordinance No. 1332
B. Planning Commission Resolution No. 4057
C. March 22, 2007 letter and Distribution List
D. Response Letters:
➢ State of California, Office of Historic Preservation dated April 2, 2007
➢ Tustin Preservation Conservancy dated April 2, 2007
➢ Markus & Heidi Brown dated April 2, 2007
E. Excerpts from the May 16, 2005 City Council Minutes approving the Work Program
and the Associated Agenda Report.
F. Prior City Council Reports
➢ March 20, 20071 City Council Report, with attachments
➢ February 20, 20071 City Council Report, with attachments
➢ January 15, 2007, City Council Report, with attachments
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.
ATTEST:
PAMELA STOKER
CITY CLERK
LOU BONE, MAYOR
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 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; and.
G. That this ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Title 14, California Code of Regulations, Sections
15050(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 15000(c)(3) (the activity is not
a project as defined in Section 15373) 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.
BR FLOY
Chairperson
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.
LIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
to
Planning Commission Resolution No. 4057
ORDINANCE NO. 1332
AN ORDINANCE 4F THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SUBSECTION C 4F 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 2407.
LOU BONE, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
)'-175()2 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:
2
ATTACHMENT C
March 22, 2007 letter and Distribution List
March 22, 2007
SUBJECT: ORDINANCE NO. 1332 (PLANNING COMMISSION/HISTORIC
RESOURCE COMMITTEE CONSOLIDATION)
Dear:
At the March 20, 2007, meeting, the City Council continued consideration of Ordinance
No. 1332 for 30 days to solicit additional input from stakeholders. Please find attached
the following documents in this regard:
• March 20, 20071 City Council Report, with attachments
• February 20, 2007, City Council Report, with attachments
• January 15, 2007, City Council Report, with attachments
If you would like to provide written comments, please provide those comments by April
31 2007. This item will be considered at the April 17, 2007, City Council meeting at 7:00
p.m. in the Tustin Council Chamber, 300 Centennial Way, Tustin.
If you have any questions, please do not hesitate to call me at 714-573-3031.
Sincerely,
Elizabeth A. Binsack
Community Development Director
Attachments
SACdd\Elizabeth\HRC-PC letterblank.doc
Lucinda M. Woodward
State Historian III
California Office of Histo is
Preservation
1416 91h Street, Room 1z 42-7
Sacramento, CA 95814
Llyn Smith
540 West Third Stre( t
Tustin, CA 92780
Tustin Area Historice Society
395 El Camino Real
Tustin, CA 92780
April Pollock
Tustin Preservation ( -onservancy
138 North B Street
Tustin, CA 92780
Marisa Charette
Tustin Chamber of Commerce
399 El Camino Real
Tustin, ,CA 92780
Lucy Burch
610 West Third Street
Tustin, CA 92780
Ronda Ussery
Tustin Preservation Conservancy
148 North B Street
Tustin, CA 92780
Sharon August Jones
Tustin Preservation Conservancy
520 West Main Street
Tustin, CA 92780
John Radice
180 South A Street
Tustin, CA 92780
Brian Sjorberg
163 North B Street
Tustin, CA 92780
Linda Jennings
Tustin Preservation Conservancy
350 South B Street
Tustin, CA 92780
Brent A. Ferdig
Tustin Preservation Conservancy
140 South Myrtle Avenue
Tustin, CA 92780
Heidi and Markus Br(wn Scot Lewis Carol Tink-Fox
Tustin Preservation Conservancy Tustin Preservation Conservancy Tustin Preservation Conservancy
340 West Main Stree 660 West Third Street
741 East Glendale Avenue
Tustin, CA 92780 Tustin, CA 92780 Orange, CA 92865
ATTACHMENT D
Response Letters:
➢ State of California, Office of Historic Preservation dated April 2, 2007
➢ Tustin Preservation Conservancy dated April 2, 2007
➢ Markus & Heidi Brown dated April 2, 2007
STATE OF CALIFORNIA — THE RESOURCES AGENCY
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO, CA 94296-0001
(916) 653-6624 Fax (916) 653-9824
calshpo@ohp.parks.ca.gov
www.ohp.parks.ca.gov
April 2, 2007
Elizabeth A. Binsack
Community Development Director
City of Tustin
300 Centennial Way
Tustin, CA 92780
Dear Ms. Binsack:
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RE: CONSIDERATION OF ORDINANCE N0. 1332
ARNOLD SCHWARZENEGGER, Govemor
We received your letter on Murch 27, 2007 advising us of the City's proposal to
consolidate the Planning Commission and the Historic Resource Committee, and
advising us how to provide comments. While we welcome the opportunity to comment,
we are very concerned that we are just now being contacted by the City, when the issue
has been before the City Council since January 2007.
In the "Mayor's Welcome" on the city's website, Mr. Bone notes that the City of Tustin is
a modern city, "ever reaching out to the future." But his welcome also says, "Much like
the glorious old trees that grace its landscape, Tustin is rooted in the past ---its earl
heritage is embodied by the captivating historic homes and commercial storefronts along
the streets of Old Town. This connection of moving forward while at the same time
acknowledging and fostering heritage is the very basis of modern historic preservation
planning principles. it is both ironic and sad that in spite of your Mayor's welcoming.
message, the City is considering the elimination of its historic preservation body,
y
Tustin's consideration to eliminate its historic preservation program runs counter to what
we are seeing statewide. Other local jurisdictions are growing their historicp reservation
programs, mostly within planning departments. The City of Richmond's local
preservation program was certified earlier this year by the National Park Service. The
City of Los Angeles recently launched a comprehensive historic preservation program
and opened its Office of Historic Resources; their Certified Local Government application
is under review by the National Park Service. The cities of Benicia and Woodland have
submitted draft CLG applications. Sacramento County planning staff is meeting with
Office of Historic Preservation (OHP) staff tomorrow to initiate thea application process.
pp
The approach to historic preservation that is the basis for the Certified Local Government
program is a sound, nation-wide accepted approach. Most importantly, it integrates
historic preservation into' land use planning and policy. By having a sound ordinance an
ongoing survey program, a commission or board with defined duties and responsibilities,
and a public education program, this approach provides predictability to residents
Mayor and City Council
April 2, 2007
Page 2
residents, property owners, developers and other parties who have interests under
consideration by government officials. The CLG approach does notg uarantee a
preservation solution for any issue, but it ensures that historic preservation is at the table
and is given consideration,
One size does not fit all and the issue of consolidating boards and commissions that
.affect historic preservation is not unique to Tustin. Although there are local jurisdictions
which have a preservation review board that is a subcommittee of the planning
commission, or perhaps part of a design review board, it is not generally recommended.
When this arrangement works, it is because there is a strong preservation ethic and the
recognition that the aesthetic and economic benefits of judiciously preserving the
significant resources that Link the present with the- past are part of the stewardship
responsibilities of public service. For example, for over twenty years the City of
Sacramento governed with a combined Historic Preservation and Design Review
although recently they were separated into two. Others including the City of Ontario
use their Planning Commission as their historic preservation commission. However, in
these cases, while the membership of the commissions or boards have been combined
or merged, the local government still maintains a dedicated historic preservation
program. In spite of these exceptions, if preservation is to be integrated into the broader
planning processes, and we believe it should be, it is generally best for historic
preservation to have a voice independent of other boards and commissions especially
p ally
i
when development and preservation seem to be n conflict.
We do have some specific observations and questions about the City's analysis sis as Y
contained in City Council Agenda Reports for January 15, 2007, February, 20 2007 and
March 20, 2007 meetings, and Planning Commission Resolution No. 4057 adopted
March 13, 2007. First of all, what are the fiscal impacts to the city? Resolution No. 457
Section I. E. determines if the ordinance were passed "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 workshopeach ear.„ The Council Y
Agenda Report for March 20, 2007 states that "Code. amendment 07-001 is a City -
initiated protect. 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." (Emphasis added)
Has a fiscal analyses been conducted or is this speculation?
Per the CLG Program Requirements, each of the commissioners is "required to attend at
least one informational or educational meeting, seminar, workshopper
er
r conference
year that pertains directly to the work and functions of the commission." It does not
seem onerous for members of any commission or committee to spend two or three hours
ip
per year becoming better informed about issues and resources pertinent to the work of
that commission or Y committee. one of the services provided b the OHP is the
development and presentation of on -sight training geared towards the specific needs eds of
a local government, at no cost to the local government. So that while commission
and
committee members are encouraged to attend relevant workshops and seminars the
commission is also able to ask professionals, including OHP staff, top rovide on-site
training to meet this requirement.
Mayor and City Council
April 2, 2007
Page 3
Section I.E. also implies that the CLG requirement that the Committee meet a minimum
of four times per year impacts the City's general fund. It is hard to understand how an
active preservation committee, even one whose scope of powers is only advisory, could
accomplish anything meaningful or meet the concerns or interests of the local citizens by
meeting only four times a year. Like the City of San Diego's Historic Resources Board,
most jurisdictions find it useful for their preservation board to meet at least monthly.
Given that, per the provisions of Tustin City Code Section 9252, the Historic Resources
Committee does "not exercise any independent final decision making authority; authori • or
expend City funds," and it does not appear that members of the Historic Resources
Committee receive any form of compensation for their service it is difficult
to see how
eliminating the. Historic Resources Committee would result in an i
y savings to the City.
Section I.C. of the Planning Commission resolution appears to imply that there is a
perception that meeting requirements of being. a CLG constrains the City Council in
some way. In fact, the requirement is simply that "an adequate and qualified historic
preservation review commission of at least five members with a "demonstrated interest
competence, or knowledge in historic preservation" be established b local law. OHP '
Y
recommends but does not require that the commission include at least two members
with professional expertise relevant to historic preservation, but in no way dictates or
limits the Councils flexibility or autonomy in filling positions of the committee. The City
Council has the discretion to appoint, set terms, assign duties and transmit authorityin
accordance with the local ordinance, not as a result of having a Historic Resource
Committee or being a CLG.
The issue of abolishing term limits is the city's prerogative. Keep in mind however, term
limits are generally seen as a way to protect committee members actin i' their '
g n heir capacity
in making autonomous decisions rather than making politically directed decisions so as
not to be removed from the committee. Preservation issues and interests need to be
addressed on their own merit and with equal standing with other planning issues and
interests, not just when and where preservation is convenient.
In the March 20, 2007 Agenda Report, in referring to CLG grants made by OHP the
statement is made, Although the grants have funded noteworthy projects, the rant
am g
amounts have diminished. This is not a true representation of the facts. The OHP is
required to pass through a minimum of 10% of its grant from the federal government to
.
CLGs. In 2001, OHP awarded $250,000 in CLG grants. Due to federal budget cuts in
the Historic Preservation fund, OHP awarded $150,000 in 2002; $93,000 in 2003•
$104,800 in 2004; $110,000 in 2005; and $105,000 in 2006. Although the total amount
mount
granted has decreased since 2001, the size of individual grants has increased • fewer
but larger, grants have been made. This year five grants were awarded: two at25
$ ,000,
two at $20,000, and one at $15,000.
In the final paragraph of the March 20, 2007 Agenda Report, summarizing the rational
. g e
for the code amendment, is the statement, "If the Ordinance is adopted by the City
Council, the Planning Commission, acting in this capacity, could develop a list of desired
Mayor and City Council
April 2, 2007
Page 4
desired duties and responsibilities (a Work Program) for the City's Council's review and
consideration on an annual basis." This is troubling. It would seem more appropriate ro riate to
determine the duties and responsibilities before the amendment is passed so that there
is more of an idea of what the loss of the historic resource committee would really mean.
Also, it is troubling because it throws the responsibility for assigning duties and
responsibilities to the group expected to perform those duties and meet those
responsibilities. Under the proposed amendment, how will the Planning Commission
deal with conflicts between the desires of developers and the desires of
preservationists? Does the Planning Commission have the time, interest, or knowledge
to deal appropriately with preservation laws and practices?
We believe that the City's proposal to eliminate a stand-alone dedicated historic
preservation program by assigning preservation programs to the PlanningCommission is
short sighted. It brings into question hove the city views its responsibility acting as
g
stewards of the community's resources. If the intent is to actually give the preservation
of historic resources consideration and review in line with the intent of state and federal
environmental laws and best planning practices, it would be more advantageous for the
he
city to amend its code to expand the duties and give the Historic Resources Committee a
certain amount of authority to make decisions and take actions, thereby 9 P
freeing u the
City Council and the Planning Commission from dealing with theq uestions and issues
historical commissions typically handle. For your consideration we have enclosed an
excerpt from Drafting Effective Historic Preservation Ordinances, prepared for the OHP
by Clarion Associates, that addresses the establishment of theP reservation commission.
The full document is available on our website, www.oh arks.ca. ov,
If you wish to discuss the issues oruestions we have raised, ,please feel free to contact
me at (916) 653-71136
Sinc re,
Milford Wayne Donaldson, FAIA
State Historic Preservation Officer
t
E
Enclosure
Cc: Mayor Lou Bone and Members of the City Council
Tustin Preservation Conservancy
California Preservation Foundation
Megan Brown, CLG Coordinator, National Park Service
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94296-0001
phone:
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fax:
(916) 653-9824
email:
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DRAFTING EFFECTIVE
HISTORIC PRESERVATION ORDINANCES:
A MANUAL FOR CALIFORNIA'S LOCAL GOVERNMENTS
TECHNICAL ASSISTANCE BULLETIN #14
Prepared by
CLARION ASSOCIATES, LLC
1700 Broadway, Suite 400
Denver, Colorado 80290
(303) 830-2890
for the
OFFICE OF HISTORIC PRESERVATION
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
WITH A GENEROUS GRANT FROM THE CALIFORNIA STATE PARKS FOUNDATION
EDITED BY
OFFICE OF HISTORIC PRESERVATION LOCAL GOVERNMENT STAFF
SECTION 3: ESTABLISHMENT OF THE PRESERVATION COMMISSION
The ordinance must identify the local entity charged with administering and enforcing
the ordinance and list their specific responsibilities. In many cases the preservation
commission is a separate decision-making body within the local government. In other
cases the City Council or its equivalent may act in the capacity of a preservation
commission. This manual reviews key issues to consider when drafting this crucial
section. For example, should the community require professional qualifications of
preservation commission members? What types of activities should fall under the
preservation commission's jurisdiction? Should the commission have decision-making
authority, or merely be advisory to some other body, such as a planning commission?
The possible strategies for organizing a preservation commission by ordinance are
endless, limited mainly in California by practical political and staffing considerations,
which vary widely by community. This section addresses four basic issues: composition
of the review body, the scope of its powers, the location of final review authority, and
disclosure of pecuniary and personal interests of review board members.
COMPOSITION
Because local preservation ordinances in California are grounded in very broad
enabling authority, communities have wide leeway in the composition of preservation
commissions. Members of a local preservation commission typically are appointed by
the local governing body or chief executive. Preservation commissions typically have
five to nine members—an odd number helps prevent tie votes. Terms vary widely, with
three years being a typical length. Terms usually are staggered to ensure that
experienced members always will be serving. Some communities may want to consider
setting a maximum limit on the number of consecutive terms that any person can serve,
to prevent the commission from becoming too closely associated with any one
individual.
Each jurisdiction should consider whether to require professional qualifications for
some, or all, members of the review body. Qualifications are important from both a legal
and a practical standpoint. There currently are different approaches in use throughout
the state. Some communities require that a few (e.g., Napa) or all (e.g., Fresno)
members be trained in history, architecture, archaeology, or a related field, in order to
ensure that preservation decisions benefit from professional expertise. Other
communities require no such qualifications and simply ask that members express an
interest in preservation in order to serve.
There are merits to both approaches. A broadly based membership can protect the
ordinance and its administration from a claim of arbitrariness and can help distinguish
preservation restrictions from other aesthetic controls that are sometimes invalidated by
courts. Some observers argue that the overall quality of preservation and design review
in the community suffers if commission members do not have solid credentials and the
experience necessary to carry out their responsibilities. There is value in having a mix of
backgrounds on a preservation commission.
Drafting Historic Preservation Ordinances 12
OHP Technical Assistance Bulletin #14
Requiring professional qualifications ensures that members have the necessary
technical expertise to review adequately matters before the preservation commission.
Requiring professional qualifications for at least some members also is consistent with
the national requirements for cities participating in the Certified Local Government
(CLG) program, which provides a source of grant money for preservation programs in
participating communities. The California CLG procedures encourage local
governments to have at least two professionally qualified persons. A local government
in California may be certified without the minimum number or types of disciplines
established if it can be demonstrated to the satisfaction of that state that it has made a
reasonable effort to fill those positions, or that some alternative composition of the
commission best meets the needs of the protection of historic properties in the local
community. The CLG guidelines outline professional qualifications in a handful of areas,
including history, architectural history, archaeology, and architecture. For each
discipline, the guidelines require a minimum level of education and professional
experience, which are codified in the Code of Federal Regulations (36 C.F.R. 61). In
addition to the disciplines identified in the CLG guidelines, it also is useful to have
planners and landscape architects on a local preservation commission.
Some communities believe that requiring qualifications may deprive the review body of
valuable common-sense perspectives from citizens not professionally involved in
preservation -related fields, and also might prevent service by individuals who are well-
qualified though not professionally trained. To some, "qualifications" equal bias, and
thus decisions made by commissioners with qualifications may carry less weight with
the legislative body, because they are perceived to be less representative of the whole
community.
In an attempt to reach a middle ground between these two philosophies, many
communities have adopted a balanced system made up of both professionally qualified
members and also citizens -at -large who bring a broader perspective of community
affairs. In such jurisdictions, only some (e.g., four out of seven) commission members
are required to meet professional qualifications standards, in order to bring expertise in
urban design and preservation to the commission. The Alameda, California, approach is
typical:
Drafting Historic Preservation Ordinances 13
OHP Technical Assistance Bulletin #14
or y any u -, Zt,",
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5
sub n d
Around the country, numerous courts have examined the composition of the
preservation review body in the context of challenges to local ordinances. While none
have held that the particular composition of a review body is fatal to the validity of a
historic preservation ordinance, these courts nevertheless have noted that
representation by a range of disciplines and interests helps refute any claim that the
actions of the review body are arbitrary.' For example, in a famous case involving a
challenge to the New Orleans preservation ordinance, the court noted that the
ordinance "curbed the possibility for abuse by the Commission... by specifying the
composition of that body and its manner of selection. 198 Similarly, the Colorado
Supreme Court, in a case from Georgetown, Colorado, acknowledged the importance of
a commission's expertise in helping to prevent arbitrary action.9 These cases indicate
that careful wording can strengthen the legal case for an ordinance by specifying a
knowledgeable, representative membership for a local preservation commission.
Settling on the composition of a local commission is sometimes a difficult undertaking in
small communities that simply do not have a large cadre of professionals with relevant
experience. There may be only one or two architects in the area, and they may be
hesitant to serve if volunteering means foregoing preservation or restoration projects
that might come before the commission. The solution is not an easy one. State historic
preservation offices can be of great assistance by making available an architect to "ride
circuit," rendering expert advice to key members of small preservation commissions
(though of course staffing such a position requires a high commitment of resources by
the state.)
In summary, across California, historical review boards and preservation commissions
represent a wide diversity of sizes, generally five to fifteen members, and skills, such as
varying degrees of experience in preservation -related fields. In addition to the Alameda
language included above, several excerpts from adopted California preservation
ordinances are included below to illustrate the range of approaches used in the state
today. They range from the Berkeley ordinance, which simply specifies a number of
commission members and contains no detail on professional qualifications; to the
Colton ordinance, which identifies a general range of disciplines from which all
commission members should be drawn; to Santa Monica, which sets strict qualifications
for some but not all seats on the local commission. The Los Gatos ordinance requires a
mixture of lay members and. planning commission members on its preservation
commission; this common approach ensures a linkage between preservation and other
planning and land -use activities in the community.
7 Alameda, California, Municipal Code, Title II, Article 3, Sec. 332.
See, Citizens for Responsible Development v. City of West Hollywood, 39 Cal.App.4t' 490, 494 n. 1, 45
Cal.Rptr.2d 917 (Cal. App. 1995) (noting the availability of experts within the commission as the court
upheld the preservation commission's determination that certain structures were not of historic
significance).
8 Maher v. City of New Orleans, 516 F.2d 1051, 1062 (5t' Cir. 1975).
9 South of Second Assoc. v. Georgetown, 580 P.2d 807, 808-09 n.1 (Colo. 1978).
Drafting Historic Preservation Ordinances 14
OHP Technical Assistance Bulletin #14
Drafting Historic Preservation Ordinances 15
OHP Technical Assistance Bulletin #14
SCOPE OF POWERS
Just as important as who sits on the review body is what authority that body has to
regulate building and land -use activities. Review bodies in various communities across
California have wide-ranging responsibilities, including, but not limited to, the following:
• Survey and identification of historically and architecturally significant structures
and areas;
• Establishment of standards and procedures for designation of historical
resources;
• Designation of historical resources;
• Review of applications for alteration, construction, or demolition of historical
resources and all structures within historic districts;
• Coordination and supervision of educational activities;
• Purchase or sale of property;
• Acceptance of easements and other less -than -fee -simple donations of property;
• Enforcement of ongoing maintenance requirements for historical resources,
• Acceptance of preservation funds from various sources, and
• Review of zoning amendments and comprehensive plans relating to historic
preservation.
The most important powers that can be vested in a preservation commission have all
been held valid under the U.S. Constitution by various courts: the power to deny an
application to demolish or alter historical resources; to regulate new construction or
development in the vicinity of a historical resource or historic district; and to impose
affirmative maintenance requirements on historical resource owners. Of course, courts
retain the authority to review how such powers are exercised in individual cases, but, in
legal parlance, such provisions are valid on their face. Thus, there is wide latitude
available in granting powers to a preservation commission in an ordinance, keeping in
mind appropriate federal and state constitutional requirements.
Just as there is no one correct way to empanel an effective review body, there is no
commonly accepted set of responsibilities for that body. There are, however, common
elements found in most ordinances. The City of Glendale's historic preservation
ordinance contains a representative list of express authorities (See excerpt below.).
A preservation commission is commonly given the power to investigate and recognize
as -yet unprotected historical resources within the locality through various mechanisms,
Drafting Historic Preservation Ordinances 16
OHP Technical Assistance Bulletin #14
such as preparation of historic resources surveys. Some communities establish a list of
"structures of merit."10 The Eureka, California, ordinance also provides several
examples of other proactive powers that may be given to a preservation commission
(See excerpt below.).
As is true with other provisions of a preservation ordinance, practical considerations, as
much as legal requirements, will shape the scope of powers granted to a commission. If
a community is concerned primarily with exterior facades of historical resources, then it
makes little sense to add to the administrative burden by asserting control over interior
changes. Similarly, in a town with a volunteer preservation commission able to meet
only once a month, the commission may be overwhelmed if it must review every
application for a building permit within a historic area. In such instances, it may be
advisable to exempt certain changes or allow the local building official or planning staff
to handle applications for "minor alterations" as defined by the commission (See the
discussion below under "Section b: Procedures and Criteria for Actions Subject to
Review: Allowing Staff -Level Reviews.")..
On the other hand, in situations where any alteration in the general vicinity may be
detrimental, the commission may need to control not only all external alterations to
historical resources (even in the rear of a building) but also alterations to neighboring
structures that are not of landmark quality,11 and even interiors that are visible to the
public. The City of Berkeley, for example, grants its preservation commission the power
to condition the designation of a publicly owned historical resource upon the ability to
review "proposed changes in major interior architectural features.02 In the City of
Davis, the Historical Resources Management Commission is empowered to provide
advice on landscaping at the sites of historical resources. 13
Probably the most crucial consideration in drafting the powers of a preservation
commission is that the review body be given adequate power to protect historical
resources. This will in many cases require that it have the power to forbid demolition or
alteration, not just delay it, even though such power may be exercised infrequently.
10 See e.g., Berkeley, California, Code of Ordinances, § 3.24.070(A) ("the commission may establish and
maintain a list of structures, site and areas deemed deserving of official recognition, although not yet
designated...").
11 See, Glendale, California, Code of Ordinances, § 2.76.100(M) (commission may render a decision on
any design review application "affecting" designated historical resources).
12 Berkeley, California, Code of Ordinances, § 3.24.100(B)(1).
13
Davis, California, Code of Ordinances, § 40.23.050(J).
Drafting Historic Preservation Ordinances 17
OHP Technical Assistance Bulletin #14
Drafting Historic Preservation Ordinances 18
OHP Technical Assistance Bulletin #14
Drafting Historic Preservation Ordinances 19
OHP Technical Assistance Bulletin #14
. o.1 e
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FINAL REVIEW AUTHORITY
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Another important issue closely related to the scope of the reviewing body's power is
the question of where final authority should rest for designating structures and reviewing
permit applications. In many communities, final decision-making authority rests with the
preservation review body, while in other jurisdictions that body makes a
recommendation to a planning commission or city council, which makes the final
decision. Under California's broad enabling authority, local governments have wide
leeway in where they place final decision-making authority, and the choices may be
difficult.
• One approach, perhaps the least attractive to preservationists, is to have the
local law grant the preservation commission advisory authorityonly re
Y 9 ardin
g
designations and permit reviews, and vest no absolute power to deny demolition
permits in either the preservation commission or the legislative body. The City of
Burbank, California, has adopted this approach, which, while providing for close
political control over preservation and limiting restrictions on owners who may
want to demolish their historical resources, is not as aggressive in protecting
historical resources as some preservationists might like.
• A second approach is to split authority between the preservation commission and
the local legislative body. For example, in both the California cities of Alameda
and Davis, the preservation commission makes decisions on permit reviews
(though its decisions can be overridden by appealing to the local legislative
body). The legislative body makes decisions on designations (with appeal to the
courts), with only advisory input from the preservation commission. This model,
more acceptable to preservationists because of the balance it strikes among
conservation goals, property rights, and political control, is common throughout
the country and has been upheld regularly by the courts. 14
• Another option is to vest final review authority over designations and permit
reviews with the preservation commission, with appeal to the city council or to the
courts. From a rpreservation point of view, this approach is most attractive
because, to a certain extent, it removes preservation from the political arena and
14 See, e.g., City of New Orleans v. Pergament, 198 La. 852, 5 So.2d 129 (1941); Maher v. City of New
Orleans, 516 F.2d 1051 (5th Cir. 1975); 900 G Street Associates v. D. C. Department of Housing and
Community Development, 430 A.2d 1387 (D.C. App. 1981); and Friends of Sierra Madre v. City of Sierra
Madre, 25 Cal.4 th 165, 172 n. 3,105 Cai.Rptr.2d 214,19 P.3d 567 (Cal. 2001) (Upholding Sierra Madre
Ordinance No. 1036).
Drafting Historic Preservation Ordinances 20
OHP Technical Assistance Bulletin #14
allows local commissions to forbid demolition according to prescribed standards
and procedures. Courts also have upheld uniformly this type of ordinance around
the country. In California, the cities of Berkeley and Eureka have adopted this
approach.
Finally, some communities might assign some preservation -related
responsibilities to other entities altogether, such as a design review commission.
For example, in Pasadena, California, the Cultural Heritage Commission (CHC)
has responsibility for most preservation review in the city, but the Design Review
Commission (DRC) handles design review in the downtown preservation district.
Also, for city -owned properties, the CHC serves in an advisory capacity to the
DRC.
If other entities exist besides the preservation commission, such as a design review
body, then the community should think carefully about the relationship between the
multiple entities and ensure that there are no duplicative reviews that may unnecessarily
add time and costs to the development review process. The jurisdiction of each entity
should be carefully distinguished from the other entities (e.g., by geography or by type
of project). The sequence of decision-making should be coordinated to prevent
contradictory decisions. In California, local governments increasingly are moving toward
fewer boards, rather than more, to avoid these types of potential complications.
If strong preservation controls are to be exercised by the preservation commission, then
local elected officials almost inevitably will want final review authority over designations
and permit applications to rest with the local legislative body, the mayor, or with a
planning commission or similar body that has a broader view of community -
development. Preservationists may have to choose between having stronger controls
exercised by a less sympathetic body or weaker controls vested in a friendly
preservation commission. There are pros and cons to either approach. If the local
planning commission or zoning board is put in charge of making final decisions, then
preservationists may find that it is more difficult to get historical resources listed or that
the review body occasionally allows demolition or site development that a more
preservation -oriented body might reject. Yet the occasional reversal on appeal to
another board may be worthwhile to preservation advocates if the alternative is vesting
limited powers — perhaps authority only to delay demolitions rather than veto them — in a
preservation commission.
In most instances, a good case can be made for establishing final review authority in a
separate preservation commission with specific expertise and the time to devote to
preservation programs. Moreover, as discussed earlier, for a local government to qualify
for certain federal historic preservation programs and funding and to assert authority
over local National Register nominations, the community must establish a preservation
commission with adequate authority to designate historic districts, review proposals for
alteration within a district, and protect significant structures.
Drafting Historic Preservation Ordinances 21
OHP Technical Assistance Bulletin #14
In terms of vesting a preservation commission with final review authority, there are
practical aspects to keep in mind as well. Is there sufficient expertise, or are there
enough willing citizens available in the community to establish yet another volunteer
commission, particularly in smaller towns? If an existing body, such as the planning
commission, is given authority over historical resources, will these added duties
overburden it? Who will do staff work for the review body? Would staff from a planning
or zoning commission be sympathetic to preservation goals? Should the review body
concern itself only with major alterations or demolitions, or is greater control warranted?
DISCLOSURE OF PECUNIARY AND PERSONAL INTERESTS
People are often appointed to preservation commissions because they have some
special expertise (i.e., architectural training, real estate experience, or legal knowledge)
that should be helpful to the commission in making decisions. But the use of this
expertise, and the past affiliations that are often part of such expertise, raise several
interesting legal issues to which commissioners should be sensitive.
Occasionally, members of the preservation commission will have a pecuniary or
personal interest in a case before the commission. What if a commissioner has a direct
pecuniary interest in a case, perhaps through a partnership with the developer applying
for a demolition permit? Almost universally, the commissioner should disqualify himself
or herself in such situations. But that is the easy case.
What about cases in which the interest is only indirect — for example, when a
commissioner owns nearby property that might appreciate in value if a big, new high-
rise office building is allowed in a historic area? That question is a difficult one: In
several zoning cases around the country, courts have invalidated zoning decisions
because of the possibility of a conflict of interest. 15 Commissioners should be very
careful to disclose any potential direct or indirect gain or loss that could flow from a
commission decision.
Where a potential conflict of interest may be perceived but the commissioner has no
tangible interest at stake, disclosure and affirmation of unbiased decision-making is still
important. What if a commissioner, because of a past affiliation — say, the presidency of
a local private preservation advocacy group — is perceived to have an inherent bias
against, or for, a particular proposal? Should that person be disqualified? Generally not,
unless the commissioner cannot keep an open mind and is not willing to consider
evidence supporting a contrary position and to make a finding on the record presented.
Present activity with local groups actively supporting or opposing a particular case
15 For an example, see Buell v. City of Bremerton, 495 P.2d 1358 (Wash. 1972), striking down a local
zoning decision because the chairman's property might increase in value as a result of the zoning. A
recent California case involved the City of Torrance, where several council members had received
campaign contributions from an opponent of a proposed conditional use permit before the board;
Breakzone Billiards v. City of Torrance, 97 Cal.Rptr.2d 467,477 (the court held that recusal by the council
members was not required because each had stated their decision would not be affected by the
contribution and the court found no indication that the decision -maker's impartiality was tainted).
Drafting Historic Preservation Ordinances 22
OHP Technical Assistance Bulletin #14
s
Tustin Preservation Conservancy
350 South B Street
Old Town T
usttns California. 92780
April 2, 2007
�ECEIVED
APR 0 3 2'.007
Mayor Lou Bone
Mayor Pro Tem Jerry Amante
Council members Doug Davert, Tony Kawashima and Jim Palmer
Dear Mayor Bone and Council members,
OPMFN
'
` �tc3r c '
Board of Directors
Linda Jenpmis
Sharon August Jones
Brernt A. Ferdig
Scot Lewis
April Pollock
Carol 1"mk-Fox
Ronda, Ussery
Heidi Brown
Markus Brown
For almost 20 years the city has protected the area of Old Town Tustin. It was set aside as a
special zoning district at the request of the residents who asked the city ty to protect ect the homes
and other structures in thein district from random development. 16 years ago, we became a
state -sanctioned Certified Local Government.
Since that time, development, remodeling and rebuilding within the boundaries has been
carefidly regulated by the city. Remodeand additions have to receive a Certificate of
Appropriateness, guaranteeing that the historic character of the structure stay intact. Staff
worked many hours to assure that new buildings, such as Acorn Naturalist and the Helms
Chiropractic buildings, reflected the character of the historic area. Surveys were conducted
ey
listing the names, builders, architectural styles and history of every home and structure in the
district. These surveys incidentally, were paid for thru grants received because the city was a
Certified Local Government.
Now we are watch as all of these safeguards are precariously close to be' dismantled. Not
only is council considering making major and drastic alterations to the rulesrin�ng ove Old
g
Town Tustin, you are doing it with no input from the taxpayers, voters,Peery
pro owners and
residents who live here.
The plan to turd. the administration of Old Town over to the P Commission mission is not a
problem per se. The problem we see is that the former Historic Resource Committee was made
up entirely of residents of Old Town Tustin. They were required to be trained in historic
preservation yearly. The ordinance you will be voting on, draft ordinance 4057,p uts no
demands on the Planning Commission except to draft their own plan. None of the
commissioners live in Old Town and no training in historic preservation is to be required. We
ask if this is the best plan for the preservation of the historic resources of our ci
The Board of Directors of the Tustin Preservation Conservancy, a non formed to
profit group
preserve and protect the community and architectural resources of Old Town Tustin,
respectfidly requests that the council direct staff and the Planning Commission to structure
the change so as to keep the Certified Local Government status. It is our contention that this
action would best protect the historic district, while offering assistance from the State Office
of Historic Preservation, tr for the commissioners and potential grant funds.
-2 -
As Ms. Binsack mentioned in her report, grant proposals have not been submitted
for several years. The Historic Resource Committee, well aware of the demands on
staff time, preferred to wait until an updated historic survey was needed before
suggesting staff write such a proposal. The last survey is now 5 years old and
funding for a new one should be considered. The HRC primarily focused on the `
Tustin Historic Register and the plaque program that went along with it, and the
Commended Property program.
I have enclosed a brochure about Old 'Town Tustin available at the city desk. This
brochure was designed and produced by members of the HRC with the city
handlling only the printing.
The Conservancy is offering its service in whatever way possible to make this a
smooth transition into a plan that will continue to protect our historical heritage. We
have offered to main the Tustin Historic Register program, selecting homes to
receive plaques. The commended property program could be combined with this in
a cooperative effort between the Conservancy and the Planning Commission. If the
council does see fit to remain a CLO, we would volunteer to handle the training for
the commissioners in conjunction with staff.
Our request is that the council carefi ly consider this action aftergiving the citizens
of Old Town Tustin the opportunity to express their concerns and their ideas. We
ask you to remember it was those citizens who asked to set aside this area for historic
preservations. Please get their input before you make these drastic changes.
S111CCte �
m Jennings
V
President
Cc: William Huston
Elizabeth Binsack
Enc
City History
Old Town TU' stir was one of the first
settled areas of Orange County. The hub of Old
Town is a group of historic buildings located
n -ear Main Street andEl
Camino Real.
Columbus Tustin a
Northern California
carriage maker, and his
partner. Nelson Stafford,
purchased 1,300 acres of:
NIN7hat had been 7 the
Rancho Santiago de'Santa.
Ana for the price of one
dollar and fifty cents per
acre in 1868.
With the abundance of water, . the community
named after him gradually became established
as an agricultural center, sprouting walnut,
apricot and eventually Valencia orange trees, as
Well as a thriving downtown. In the early days,
Tustin was a popular stop for travelers from LA
to San Diego down old Highway 1. Today Old
Town Tustin retains its historic charm and
elements of its agricultural heritage.
There are many advantages to owning
property in a locally recognized historic
district, including:
• Preservation for future generations
• Unique atmosphere and ambiance
• Increased property values
• Community pride
• Official recognition
• Protection from incompatible
development
Contacts
L
,ity of Tustin 714-573-3000
Community Develop-t-nent Department
Planning Division 714-573-3140
'Building Division 714-573-3131
If you would like to attend a. meeting of the
Historic Resource Committee, contact the
Planning DiVIsion.for more infoi-mation.
If you would like to know what architectural
style a certain building is considered, or are
looking for old maps or photos of the area, or are
interested in Old Town activities, you may want
to contact one of the following local historical.
organ.i.-zations:
Tustin Area Historical
Society and Museuin 714--'1731.-5701
Tustin Preservation
Conservancy 714-731.2380
X
'el
OLD TOWN
TUSTIN
For Residences in the
Cultural Resource Overlay
District
The Cultural Resource Overlay District was
created by the Tustin City- Council in 1988 at
the urging of Old Town residents. The Historic
Resource Committee (HRC) was formed to
advise the City Council on issues that concern
the District and is made up of concerned
citizens who live in the Old Town area.
Residential Design Guidelines
[f you are thinking about building new
structures on your property or making exterior
additions or changes to any existing structures
on your property, you can obtain a copy of the
Residential Design Guidelines from the City.
These guidelines provide basic design principles
for achieving quality development compatible
with the character of the District.
Certificate of Appropriateness
A Certificate of Appropriateness is required for
exterior improvements to a structure within the
District that require a building permit. This
process is not difficult and takes place
concurrently with design review or plan check.
'The certificate process ensures that alterations
to exterior features respect the historic
character of the structure and the District
neighborhood. There is no fee for a Certificate
of Appropriateness.
Commendation Program
The Tustin City Council and the Historic
Resource Committee periodically recognize
properties of outstanding merit that contribute
to the character of Old Town Tustin. The City
proudly displays a sign- on each property for a
short period of time to indic-clue this
col-ninendation.
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The Cultural Resource Overlay District extends roughly
from First Street to Sixth Str"e-et and from the 55freeway
to Prospect Avatue. It is shown in the shaded area above.
For Residences in the
Tustin Historical Survey
The, City performed the Tustin Historical
Survey in response to community concerns
about the preservation of our historic
resources. The Survey includes historic
buildings from anywhere within the City and
ranks them as to their historical significance.
Structures listed in the Survey may be
eligible for the following programs.
Tustin Historic Register Program
The Historic Resource Committee awards
plaques to nominated properties:
• The Historic Building Plaque is for
structures that have not been
significantly altered since originally built.
• The Historic Site Plaque is for structures
that have been altered by more than 50%.
Plaques are voluntarily purchased by the
building owner or other donors. Nomination
forms are available at , the Community
Development Department at City Hall.
Please see the insert for
an index of current
plaque participants.
Mills Act
Residences rated in the
Survey as historically significant (Al B and C
structures) may be eligible to participate in
the City's Mills Act program. The Mills Act
is state legislation that provides for reduced
property taxes on an eligible historic
property if the property owner agrees to
maintain and preserve the property for a
minimum of ten years according to the terms
of the Mills Act contract. Please call the
Planning Department for more information.
13. McCharles House, .1885
335 South C St.
14. Morris House, 1921
150 Yorba St
15. Prestvu' House;1922
245 South St.
16. Logan House, 1928
140 South: Myrtle Ave.
17. McCoy Building, 1880
160 Past Main St.
18. Fewell House, 1915
155 Pacific St:
19, Hayden House 1926
215 South Myrtle Ave.,,
20. Toni Levis Houses 1889
355 Vest 2* St
21. Wood-vvard Bldg,, 1928
333 El Cairo Real.
22. HumestoUlli6use,1930
465 West 3 S
23. Hol Muse, 1922
320 Vest 3`a St
24. Arvilla L1tt House,1905
455 West Man St.
25. Tustin Hardware, 1912
115 West MaiErt St.
26. Blacksmith ShopT 1912
245 South C St~
27. McHenry. House, 1885
184 South kSt.
28. Johnson., House ca1924
29. Firs tc cto�'s €ffice,1885
434 El Camino Real
30. Do"S House,1888
630 Nest Mair St.
Tustin
Historic Register,
Program
Tustin Historic Register
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Browning Re L s , idince., 1930 7. Widden House, 1933
520 West Main St. 245 Pacific St.
2. Bo8. vanderlip/Allen House, 1883
wman''Residenc6,19'10
660 West 3 St. rd 665 West Main St.
I Hewes House, 1881 9. Chambers House,, 1930
350South BSt.. 14891 Yorba St.
4. Carter House, 1928 10. Hubbard House, 1876
250 Pacific St. 302 South A St.
5.- Pankey House, 1928 11. Tustin Presbyterian Church, 1929
320 West Main St. 225 West Main St.
6. Knights of Pythias, 1925 12. Cox Market Building'. ca 1926
397 El Camino Reaj401-403 El Camino Real
&a
Elizabeth Binsack
City of Tustin
300 Centennial
Tustin, CA 92780
Markus & Heidi Brown
340 W Main St
Tustin, CA 92780
Dear Ms. Binsack, Members of the Planning Commission and Councilmembers,
We purchased our home in Old Town Tustin about two years ago. We felt confident in this decision because as we
researched the historic district in Tustin, we found that there were measures in place to protect the neighborhood and
safeguarded it from any future development which could jeopardize the character of Old Town and consequently affect
our property values. The value of every home in Old Town Tustin is dependent on being surrounded by other historic
homes, which is why strict measures must remain in place to preserve the integrity of the area.
Now it seems that the City is planning to do away with the Historic Resource Committee and roll those responsibilities
into the Planning Commission. Although we don't have a problem with that, we do have a problem with losing the
Certified Local Government (CLG) status that Old Town Tustin enjoys. We strongly feel that retaining the CLG status
will best protect the historic district, as well as offer training for the commissioners and potential grant funding.
The City appears to be pursuing a pro -redevelopment path in many parts of Tustin. We support these efforts and feel
that they benefit the overall community. However, the historic district should not be rolled into this effort because it is
unique and requires special- attention. Planning and zoning mistakes today will have a permanent effect on our fragile
historic district because the homes are so limited in number. We urge you to do everything possible to keep control of
the historic district separate from the rest of the city so that this unique neighborhood may be preserved and improved
in a way that is specific for its needs. One critical step is to continue to allow Old Town residents to have a voice in
matters affecting their neighborhood.
We understand that the Historic Resource Committee was made up entirely of residents of Old Town Tustin.
Obviously this is important since the residents of Old Town have a vested interest in making sure the neighborhood is
preserved. We are concerned that the Planning Commission members do not live in Old Town yet will have the power
to make decisions on our behalf. We ask that this be addressed appropriately so that the voice of Old Town will
continue to be heard. In addition, we are aware that the Historic Resource Committee was required to be trained
annually in historic preservation. It is our understanding that under draft ordinance 4057, this training will disappear.
People who don't live in Old Town Tustin and have no training in the preservation of historic homes have no business
making decisions for a historic district.
We urge you to consider doing whatever is necessary to help Old Town Tustin retain its CLG status and to revise draft
ordinance 4057 to include measures that will guarantee that residents have a voice in matters affecting Old Town. The
residents of Old Town are counting on you showing an equal commitment to the preservation of Old Town Tustin as
you are showing to the improvement and redevelopment of other areas of Tustin.
Sincerel
7; ,
Markus & Heidi Brown
ATTACHMENT E
Excerpts from the May 16, 2005 City Council Minutes
May 16, 2005 Associated Agenda Report.
16. LEGISLATIVE STATUS REPORT: ASSEMBLY BILL 903 (DE LA TORRE)
RELATING TO CABLE TELEVISION FRANSHISES
Mo#ion: Direct staff to continue to monitor this legislation and report back any
significant change in status.
BUSINESS CALENDAR
17. CULTURAL RESOURCES ADVISORY COMMITTEE REPORT
Senior Planner Scott Reekstin presented staff report that included following
additional tasks:
• Code Amendments
• Plaque Program Enhancements
• Commendation Program Enhancements
• Committee Meeting Outreach
• Updated Brochure and Welcome Letters
• Discuss Certificates of Appropriateness
• Hold Monthly Meetings
Motion: It was moved by Councilmember Amante, seconded by Mayor Pro Tera
Davert, to direct staff to work with the Cultural Resources Advisory Committee on
the tasks described in report and approved by the Council. Motion carried 5-0.
18. TUSTIN POLICE OFFICERS ASSOCIATION -MANAGEMENT UNIT (TPMA)
IMPASSE
Human Resources Director Arlene Marks Gibbs made presentation to Council.
Motion: It was moved by Mayor Pro Tem Davert, seconded by Councilmember
Kawashima, to adopt resolution. Motion carried 5-0.
RESOLUTION NO. 05-70 — A resolution of the City Council of the City of
Tustin, California, amending the Classification and Compensation Plan for
the City of Tustin and implementing revised wages, fringe benefits and
terms and conditions of employment for employees represented by the
Tustin Police Officers Association - Management Unit
SECOND PUBLIC INPUT — None
City Council Meeting May 16, 2005
Minutes Page 6 of 8
Agenda Item 77 _
Reviewed,
AG
AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: MAY 18, 2005
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CULTURAL RESOURCES ADVISORY COMMITTEE
SUMMARY
On June 20, 1988P the City Council established the ' Cultural Resources Advisory
Committee through the adoption of Ordinance No. 1001. For approximately 17 years,
the Committee has served in an advisory capacity to the City Council on matters affecting
cultural resources in the City of Tustin by recommending and then implementing programs
such as the Mills Act and the Tustin Historic Register (plaque) programs. This report
discusses several new tasks and expansions of existing programs that the Committee is
desirous of implementing. The Committee would like to obtain direction and approval
from the City Council before proceeding with the desired tasks and program
expansions.
RECOMMENDATION
Direct staff to work in coordination with the Cultural Resources Advisory Committee on the
tasks described herein that are approved by the Council.
FISCAL I M PACT
There are minor fiscal impacts associated with the implementation of the tasks
recommended by the Cultural Resources Advisory Committee in the form of additional
staff time and purchases of plaques and a sign for commended properties and other
miscellaneous supplies. The cost for each plaque is currently approximately $150.00, and
up to four plaques would be purchased annually (for a total of $600.00 annually). The
one-time cost for the sign is approximately $100.00. These expenses would be covered
by the General Fund.
DISCUSSION
Background
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, and other related provisions.
Cultural Resources Advisory Committee Report
Page 2
The City of Tustin formed the original Cultural Resources Advisory Committee, was
recognized as a CLG for historic preservation, and accomplished the following major
projects since the adoption of ordinance No. 1001:
• Completed the 1090 and 2001 Historical Resource Surveys
• Completed the old Town Educational Video
Developed the Residential Design Guidelines
• Implemented a Mills Act Program
• Started a plaque designation program called the Tustin Historic Register
Cultural Resources Advisory Committee
The Tustin Cultural Resources Advisory Committee is a group of five Tustin 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,
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 Resources Survey Update
• Discussing significant development projects in the Overlay District
• Discussing the impacts of freeway and aircraft noise on the District
At their January 11, 2005, February 8, 2005, and March 8, 2005, meetings, the Cultural
Resources Advisory Committee developed the following list of tasks they are desirous of
implementing:
1) Code Amendments/Ordinance:
A. Recommend to the Planning Commission and City Council that the Committee
name be changed to "Historic Resource Committee."
B. Recommend to the Planning Commission and City Council that the following
language be added to Tustin City Code Section 9252(c)(5):
"The Committee through regular meetings and with review of matters
concerning the cultural resources and/or Cultural Resource District shall be
Cultural Resources Advisory Committee Report
Page 3
available to the City Council and the Planning Commission for advice .and
counsel regarding the Cultural Resource District."
(Attached is a copy of Section 9252 to see how the proposed language fits into
the current ordinance.)
2) Tustin HistoricRegister -Plaque Program/Enhancements
A. Develop a brochure insert that highlights participating properties and describes
the program; continue to review nominations and determine appropriate text.
B. Allow owners of significantly altered properties to order site plaques rather than
standard plaques.
3) Commendation Prog m Enhancements
A. Select one commended property every calendar quarter.
B. Submit a press release to local newspapers which recognizes the commended
property.
C. Identify the property with a decorative pole sign (one time cost of approximately
$100.00 per sign).
D. If the commended property qualifies for a plaque, provide the owner with a City -
paid plaque or provide the plaque at a reduced cost with the 'City contributing
the difference. (The associated cost would be approximately $150.00 per
property.)
4) Outreach for Public Particioatia,n in Committee Meetings
A. Submit a press release to local newspapers providing information about
upcoming Committee meetings.
5) Brochure and Welcome Letters
A. Identify new Old Town residents using new water account information.
B. Distribute Welcome Letter to new old Town residents.
C. Develop a new brochure that highlights the City's historic preservation program.
D. Distribute new old Town brochure to all Old Town residents and owners of
historic buildings elsewhere in the City.
Cultural Resources Advisory Committee Report
Page 4
6) Review and Discuss Issued Certificates of Appropriateness
A. Agendize a discussion of issued certificates of appropriateness at every
Committee meeting.
7) Monthly Meetings
waw i�
To implement the tasks listed above in a more expeditious manner, the Committee
requested and has held four meetings since January 2005. Pursuant to Tustin City
Code Section 9252(c)(6), the Committee is only required to meet quarterly, which is
consistent with the State requirement for certified local governments. The Cultural
Resources Advisory Committee is desirous of retaining the City's certified local
government status and is required to meet quarterly or more frequently to retain
that status. The Council may wish to provide direction to staff regarding the desired
frequency of Committee meetings.
r
Scott Reekstin
Senior Planner
Attachment: Tustin City Code Section 9252
SXddICCREPOR'RCRAC Tasks Report 05-16-05.doc
Elizabeth A. Binsack
Community Development Director
ATTACHMENT
TUSTIN CITY CODE SECTION 9252
PART 5 COMBINING AND OVERLAY DISTRICTS
PART 5 COMBINING AND OVERLAY DISTRICTS
9251 COMBINING PARKING DISTRICT (P)
a Permitted Uses
All uses in the districts with which the "P" is combined.
b Development Standards
Page 1 of 10
1. As specified in the district with which the "P" District is combined, unless
superseded by the provisions of this district
2. Front yard requirement: Layout of landscaping
3. off-street parking:
(a) Retail stores: One (1) parking space for each 200 square feet and
one (1) loading space for each 10,000 square feet of store floor area
(b) Office buildings: One (1) space for each 300 square feet of floor
area
(c) Wholesale and industry: Two (2) spaces for each three (3)
employees, but not less than one (1) space for each 2,000 square feet of
the total ground and building area used for sales, storage, warehousing,
or manufacturing; and one (1) loading space for each 5,000 square feet
of floor area
(d) Restaurants: One (1) space for each three (3) seats
(e) Public assembly: One (1) space for each three (3) seats
(f) Theatres: One (1) space for each three (3) seats
(g) Hotels: One (1) space for each two (2) guest rooms (Ord. No. 293)
(h) Hospitals: One (1) space for each 1 00 square feet of floor area
(i) Clinics: One (1) space for each 200 feet of floor area
(j) The Planning Commission may prescribe the amount of parking for
uses not listed herein. (Ord. No. 157, Sec. 4.13)
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
Cultural Resource District is to;
1. Safeguard the heritage of the City by preserving neighborhoods, structures,
sites and features which reflect elements of the City's cultural, architectural,
artistic, aesthetic, political, social, natural and engineering heritage.
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PART 5 COMBINING AND OVERLAY DISTRICTS
b Applicability
Page 2 of 10
2. Encourage public knowledge, understanding and appreciation of the City's
past.
3. Strengthen civic and neighborhood pride and a sense of identity based on
the recognition and use of cultural resources.
4. Promote the private and public enjoyment, use and preservation of culturally
significant neighborhoods, structures and sites appropriate for the education and
recreation of the citizens of Tustin and- visitors to the City.
5. Enhance the visual and aesthetic character, diversity of architectural styles
and aesthetic appeal of the City.
6. Enhance property values and increase economic and financial benefits to
the City and its inhabitants.
7. Assure that new construction and subdivision of lots in the Cultural
Resource District are compatible with the character of the district.
8. Identify as early as possible and resolve conflicts between preservation of
historic and cultural resources and alternative land uses.
1. The Cultural Resource District is an overlay district and shall apply to those
properties as shown on the official Tustin zoning Map and to those cultural
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.
2. 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.
3. The requirements of this section shall be considered in conjunction with the
requirements of the underlying district. If a conflict exists between the
requirements of the underlying district and this section the requirements of this
section shall apply.
c Cultural Resources Advisory Committee
1. There is hereby created a Cultural Resources Advisory Committee which
shall consist of five (5) members appointed by the City Council all of whom shall
reside within the City of Tustin. At least three (3) members on the Committee
shall also reside or own property in the residentially zoned areas within a
designated Cultural Resources District.
2. To the extent possible the Committee shall have among its membership at
least one (1) person engaged in architecture or a design profession, one (1)
person with a demonstrated interest and knowledge in local history and historical
preservation, one (1) person engaged in business within a designated Cultural
Resources District, and a member of the Tustin Area Historical Society.
3. The original appointment of the members of the Committee shall be as
follows: Two for three (3) years, and three for four (4) years. Subsequent
appointments for all other committee members shall be for a four-year term.
4. The Committee shall draft rules and bylaws consistent with its authority as
set forth below. Rules and bylaws shall not be adopted until approved by the City
Council.
5. 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
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PART 5 COMBINING AND OVERLAY DISTRICTS
Page 3 of 10
Cultural Resources, and as liaison 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.
F. 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 (4) times per year, with meetings at regular intervals.
7. The Committee shall keep minutes and records of all meetings and
proceedings including voting records, attendance, resolutions, findings,
determinations and decisions. All such materials shall be public record.
8. 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:
1. 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
3. 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
4. It is representative of the notable work of a builder, designer, or architect; or
5. Its unique location or singular physical characteristic represents an
established and familiar visual feature of a neighborhood, community or the City;
or
6. Its integrity as a natural environment or feature strongly contributes to the
well being of residents of the City or the well being of a neighborhood within the
City; or
7. 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:
1. Any person may request the designation of an improvement as a cultural
resource or the designation of a Cultural Resource District by submitting an
application for such designation to the Community Development Director. The
Committee or City Council may also initiate such proceedings on their own
motion.
2. The Community Development Director or City Council shall refer the
proposed request to the Committee for their study, review and recommendation.
3. The Committee shall conduct a study of the proposed designation and
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PART 5 COMBINING AND OVERLAY DISTRICTS
Page 4 of 10
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.
4. 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 resource shall be issued while the public
hearing or any appeal related thereto is pending.
5. 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 ten (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.
8. 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 ten (10) days prior to the date of the public hearing, using the
name and address of such owners as shown on the latest equalized assessment
rolls, and shall be advertised once in a newspaper of general circulation.
7. At the conclusion of the public hearing, but in no event more than thirty (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 Committee's
recommendation shall be transmitted directly to the City Council.
8. The City Council, after receipt of the recommendations from the Planning
Commission for designation of a Cultural Resource District, shall by ordinance
approve the application in whole or in part, or shall by motion disapprove it in its
entirety. In the case of designation of a Cultural Resource recommended by the
Committee the City Council shall by resolution approve the application in whole
or in part of, or by motion disapprove the request.
9. Failure to send any notice by mail to any property owner where the address
of such owner is not a matter of public record shall not invalidate any
proceedings in conjunction with the proposed designation.
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:
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PART 5 COMBIMNG AND OVERLAY DISTRICTS
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(a) Alteration of the exterior features of a building or site within a
designated Cultural Resource District, or alteration of a Designated
Cultural Resource, or construction of improvements within a designated
Cultural Resources District requiring a City building permit.
(b) Demolition or removal of any Designated Cultural Resource or of
any improvements in a Cultural Resource District.
(c) A certificate of appropriateness shall not be required for the
following: (1) ordinary maintenance or repairs that do not involve a
change in design, exterior material or original appearance of an
improvement, nor (2) any construction, reconstruction, alteration or
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
1. Application for a Certificate of Appropriateness shall be made on forms
provided by the Community Development Department and shall contain
whatever detailed information (plans, drawings, agreements, photographs, etc.)
as is determined by the Community Development Department to be necessary
for the 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).
3. 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
advice and recommendation of the Cultural Resources Advisory Committee prior
to rendering a decision.
4. 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 (7) calendar days
from the date of the decision. Such appeal shall specify the grounds upon which
the appeal is based and be accompanied 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.
5. A Certificate of Appropriateness shall lapse and become void one (1) 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 (1) 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
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PART 5 COMBININGr AND OVERLAY DISTRICTS
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application for renewal of a Certificate of Appropriateness; such decision may be
appealed as set forth in paragraph 4 above.
6. Any Certificate of Appropriateness granted in accordance with the terms of
this section may be revoked by the City Council in the manner hereinafter set
forth if any of the conditions or terms of such Certificate are violated or upon
violation of any applicable provisions of this section.
Before the Council considers revocation of any Certificate of Appropriateness,
the Planning Commission shall hold a hearing thereon after giving written notice
thereof to the permittee at I -east ten (10) days in advance of such hearing. Within
five '(5) 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.
1. Alteration of a designated cultural resource:
(a) The proposed work will not detrimentally alter, destroy or adversely
affect the resource and, in the case of a structure, is compatible with the
architectural style of the existing structure.
(b) 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.
(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.
i Findings and Additional Permit Procedures for Demolition, Removal or Relocation of
Designated Structures or Structures Constructed Prior to 1940:
1. A Certificate of Appropriateness for the demolition of a Designated Cultural
Resource shall not be approved unless the Community Development Director or,
on appeal, the City Council finds that one (1) 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:
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PART 5 COMBINING AND OVERLAY DISTRICTS
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(1 ) It is not feasible to preserve or restore the structure, taking
into consideration the economic feasibility of alternatives to the
proposal.
(2) The proposed replacement structure does not detract from
the neighborhood.
(d) Reconstruction or restoration is not economically feasible or
practical.
2. No person shall carry out or cause to be carried out any demolition, removal
or relocation of a Designated Cultural Resource or structure within a Cultural
Resource District built prior to 1940 without first receiving a demolition or
relocation permit from the City. Such permit shall not be issued unless one of the
following events has occurred and in the case of a demolition the applicant has
complied with L3 below:
(a) A Certification of Appropriateness has been approved by the
Community Development Director or by the City Council on appeal; or
(b) 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.
3. 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 within a Cultural Resource District built prior to 1940 until a
Certificate of Appropriateness and City building permit has been issued for a
replacement structure.
j Design Criteria and Development Standards
1. The 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;
(d) Acceptable textures and ornamentation such as paint colors and
types, use of wood, stone, metal, plaster, plastics, and other man-made
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 existing structures such as light
fixtures, gas lights, canopies, exterior carpentry, file or wood, signs,
banners, flags and projections.
2. Residential standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resources
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PART 5 COMBINING AND OVERLAY DISTRICTS
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Overlay District as are authorized in the underlying Residential
District.
(2) The City Council may also permit other nonlisted 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 (applicable to creation of new lots
only): '
(1) Minimum single-family lot size: 10,000 square feet.
(2) Minimum multiple -family lot size: 15,000 square feet.
Development of existing lots within the CR District may proceed
consistent with the underlying residential zoning district. (Ord. No. 1207,
Sec. 2, 11-16-98)
3. Commercial standards
(a) Permitted uses:
(1) All uses shall be permitted in the Cultural Resource District
as are authorized in the underlying commercial district. The City
Council may also permit other nonlisted uses which support the
purpose of the district as a conditional use following a public
hearing and recommendation from the Planning Commission.
(b) Limitations on permitted uses:
(1) No merchandise shall be displayed nor advertised for sale
on or over public right-of-way. This section is not to be construed
as restricting nor limiting the outside display and sale of
merchandise on private property within the district.
(c) Authorized and encouraged uses:
The following uses are authorized and encouraged with the interest of
creating a commercial village atmosphere:
TABLE INSET:
Pipe and tobacco
hops
mp shops
Wine tasting rooms
ardage goods
Leather goods
Knit shops
Cando shops
Ice cream shops
l3outique
Jewelry shops
Coffee shops
nought iron ware
thnic restaurants
An galleries
Spanish, Mexican,
ranch, German)
eneral offices
if located on any floor above and if less than 50 percent of total area are occupied by general offices, consistent
'th Section 9233a(1 )(g)
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PART 5 COMBINING AND OVERLAY DISTRICTS
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obby shops
licatessens
hotographers studios
Antique shops
Nina and crystal
ift shops
The above list of potential uses is not all encompassing but typifies the
character of uses that illustrate the desired image.
(Ord. No. 1251, Sec. 2, 5-20-02)
(d) Site development standards and exception
In order to provide maximum flexibility in design and development for
various lot sizes, consistent with a concept of village environment, the
following criteria and exceptions are applicable:
(1) Front building setbacks may be established at the property
line except for comer properties requiring afive-foot line of sight
clearance.
(2) Rear yard setbacks shall be established at fifteen (15) feet
from the rear property line, or in the event the development
extends to the next intervening street, the rear setback line shall
be construed as the frontage on "C" or Prospect Streets.
(3) As an exception to the general sections of this Chapter and
other provisions of the Zoning Ordinance, when commercial and
professional properties are developed or converted to permitted
uses under the provisions of this section, on-site parking
requirements may be modified under any one or a combination of
the following provisions:
a Property or properties that lie within a Vehicle Parking
Assessment District or Business Improvement Area shall
be exempt from the requirement for on-site parking
accommodations, subject to the provisions of the Parking
or Improvement District Ordinance.
b. On-site parking requirements may be waived upon
the presentation to the City of a long term lease, running
with and as a condition of the business license, for private
off-site parking accommodations within 300 feet of the
business or activity to be served.
c. All or a portion of required number of parking spaces
may be satisfied by depositing with the City an amount, to
be used for public parking accommodations within the
area, equal to four (4) times the assessed value as
determined from the latest assessment roll of the County
Assessor, of 200 square feet of land within the area, for
each required parking space not otherwise provided.
(e) Public improvements
Public improvements contributing to the motif of the area and the intent of
this section are to consist of the following:
(1) Street furniture for convenience of the pedestrian shopper to
consist of benches and trash receptacles.
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PART 5 COMBINING ANIS OVERLAY DISTRICTS
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(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.
(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 pedestrians and short terra
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.
I. Enforcement and Penalties
1. Methods of enforcement. In addition to the regulations of this section which
govern the approval or disapproval of Certificates of Appropriateness covered by
this section, the Community Development department shall have the authority to
implement the enforcement thereof by any of the following means:
(a) Serving notice requiring the removal of any violation of this section
upon the owner, agent, occupant or tenant of the improvement, building,
structure or land;
(b) Calling upon the city attorney to institute any necessary legal
proceedings to enforce the provisions of this section, and the City
Attorney is hereby authorized to institute any actions to that end;
(c) Calling upon the Chief of Police and authorized agents to assist in
the enforcement of this section.
In addition to any of the foregoing remedies, the City Attorney may
maintain an action for injunctive relief to restrain or enjoin or to cause the
correction or removal of any violation of this section, or for an injunction in
appropriate cases.
2. 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 five hundred dollars ($500.00) or be imprisoned 'for a
period not exceeding six (0) 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. (Ord. No. 1001, Sec. 2, 6-
20-88)
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ATTACHMENT F
Prior City Council Reports
➢ March 20, 2007, City Council Report, with attachments
➢ February 20, 20079 City Council Report, with attachments
➢ January 15, 20079 City Council Report, with attachments
Agenda Item 1
Reviewed:
AGENDA REPORT City Manager
Finance Director
MEETING DATE: JANUARY 15, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CITY BOARDS, COMMISSIONS, AND COMMITTEES
SUMMARY:
Mayor Bone raised issues related to budgeting, staffing, and general allocation of resources to
City Boards, Commissions, and Committees and requested that staff agendize this matter for
discussion. This report provides background information on the City committees staffed by the
various City departments and estimates the amount of staff time to support each committee.
RECOMMENDATION
That the City Council receive and file this report and/or take action as deemed appropriate.
FISCAL IMPACT
There is a general discussion of how each may be funded or staffed under the discussion of each
respective Board, Commission, or Committee.
BACKGROUND AND DISCUSSION
The following is a summary of the composition and purpose of the various City Commissions,
Boards, and Committees including: the Parks and Recreation Commission, the Senior
Advisory Board, the Audit Committee, the Planning Commission, the Historic Resource
Committee, Tustin Pride, and the Community Development Block Grant Citizen Participation
Committee.
Parks and Recreation Commission
The Parks and Recreation Commission consists of five (5) Tustin residents who are
appointed by the City Council. Appointment terms are two (2) years with a maximum
term limit of three (3) consecutive full terms. The Commission meets once a month on
Wednesdays and are staffed by the Parks and Recreation Department. Approximately
four (4) staff members and support personnel are required for each meeting. Funding
City Committees
January 15, 2007
Page 2
for this function is from the General Fund. There is no state mandate that cities have a
Parks and Recreation Commission.
Theurpose of this Commission is to advise the City Cou.ncil on matters pertaining to
p •
the activities of the Parks and Recreation Department, excludingdaily y administrative
operations. The Commission's responsibilities. include:
• Advising on parks, park design and development, recreation, and community
services;
• Advising on planning and policy matters relating to the construction and
renovation of capital facilities;
• Reviewing state legislative proposals that may affect the operation of the
Department; and
• Receiving community input concerning parks, open space, and recreation
activities.
Senior Advisory Board
The Senior Advisory Board consists of seven (7) members appointed by the Parks and
Recreation Commission. There is a City Council Liaison to this Board. Members must be
Tustin residents and 55 years of age. The purpose of this Board is to advise the Parks
and Recreation Commission on programs and issues related to senior activities (i.e.
service, transportation, etc.). This Board is staffed by the Parks and Recreation
Department. The Board meets six (6) times per year and approximately two (2) staff
members are required for each meeting. Funding for this function is from the General
Fund. There is no state mandate that cities have a Senior Advisory Board.
Audit Committee
The Audit Committee consists of five (5) members appointed by the City Council. Of
the five member committee, four (4) are required to be registered voters in the City and
one (1) a registered voter within the Tustin Water Services area. Terms are for four (4)
years; maximum three (3) term limit. The Audit Committee meets on the third Thursday
in January, March, May, July, September, and November. The Committee is primary
staffed by the Finance Department. Approximately five (5) staff members and support
personnel are required for each meeting.
The Audit Committee performs duties of oversight, review, investigation, and reporting
and provides recommendations to the City Council on matters of finance, investments,
and audit. Funding of any Audit Committee activities is through the General Fund.
There is no state mandate that cities have an Audit Committee.
City Committees
January 15, 2007
Page 3
Planning Commission
The Planning Commission consists of five (5) Tustin residents appointed by the City
Council. No member of the Planning Commission may serve more than three (3) full
consecutive terms. Any member of the Planning Commission who has served three (3)
consecutive terms may not be reappointed as a member of the Planning Commission
for at least one (1) year from the last date of the third consecutive term.
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. The Planning Commission holds two (2)
regular meetings per month. On average, 6-10 staff members and support personnel are
required for each meeting. Funding for the processing of discretionary applications is
generally borne by the beneficiaries of the entitlements. City -initiated projects and support
staff are typically funded via the General Fund. 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
The Tustin Historic Resource Committee is a group of five (5) Tustin residents who are
appointed by the City Council. The term of each position on this Committee is for
four (4) years commencing on the expiration date of each office. In addition,
there are certain qualifications that these individuals must possess that are necessary
for the City to retain its Certified Local Government Status (i.e. individuals should be
qualified historic preservation professionals —historian, architect, engineer, etc...).
The Committee acts 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, property owners, and the City Council within a Cultural
Resource District.
During the past several years, the Historic Resource 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 Resources Survey Update
City Committees
January 15, 2007
Page 4
• 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. The Historic
Resource Committee has been meeting on a monthly basis. Approximately three (3) staff
members and support personnel are required for each meeting. Funding for this function
is from the General Fund. State law does not mandate that cities have a Cultural
Resources District or a Historic Resources Committee (unless CLG status is obtained).
The City Council does have the discretion to assign the duties of the Committee to the
Planning Commission.
Tustin Pride
In 1993, the City Council established a task force to develop a beautification committee.
The result of the task force was the creation of the Tustin Pride Committee. The following
summarizes the Tustin Pride Committee's purpose, make up, operational characteristic,
and activities:
• The stated purpose of Tustin Pride is to promote public interest in the general
improvement and/or maintenance of the environment of Tustin; and to initiate, plan,
direct, and coordinate programs to expand community pride through projects and
community action.
• The role of the Tustin Pride Committee is to act in an advisory capacity to the
City of Tustin. As stated in the by-laws the Tustin Pride Committee,
subcommittees, and/or its members shall not exercise any independent final
decision-making authority or expend City funds without approval of the Tustin
City Council.
• The Tustin Pride Committee, subcommittees, and/or its members are not to
endorse any candidate or products in the name of or on behalf of the Tustin Pride
Committee.
• The Tustin Pride Executive Committee is composed of four - officers and a three-
member steering committee. The Executive Committee assists the Chair in
recommending and/or providing direction to the Committee.
• There is one (1) class of membership and no limit to the number of members.
Members are required to attend a minimum of four (4) meetings within the last 12 -
month period to vote. In addition, if three subsequent meetings are missed,
members must re -qualify to vote by attending four (4) meetings within the next 12 -
month period.
City Committees
January 15, 2007
Page 5
The Tustin Pride Committee has sponsored the following annual programs:
■ Christmas Tree Recycling
■ Landscape Recognition Awards
■ Student Poster Contest
■ Angels in Tustin
■ Pumpkin Pride Awards
■ Holiday Display Awards
■ Adopt -a -Block
■ A Day in the Life of Tustin (Photos)
• The Committee has made recommendations to the City Council on the following
Citywide issues:
■ Graffiti
■ Landscape Issues
■ Boarded Buildings
• Abandoned Shopping Carts
The Committee also participates in the following Citywide events:
■ Street Fair
■ Tiller Days Booth
Tustin Pride meets once a month. Several staff members attend these meetings,
including a planner, a code enforcement officer, field service manager, and a police office.
In addition, there is a significant amount of non -meeting support service to this Committee.
Staff and funding allocation is primarily from the General Fund. Due to workload
considerations, the City Manager has directed that one staff member be assigned as
liaison to the Pride Committee. This person will coordinate with all Departments as
needed.
Community Development Block Grant Citizen Participation Committee
In January 2003, the City Council adopted the City's Citizen Participation Plan (The
Plan). The Plan defines the roles, responsibilities, and composition of the Citizen
Participation Committee as follows:
1. Citizen Participation Committee Membership
The Citizen Participation Committee is an Ad Hoc Committee comprised of seven
(7) members. Committee members should be active community leaders who are
aware of the needs of the community and who will assist in obtaining citizen input
concerning the Community Development Block Grant Program. The composition of
the Citizen Participation Committee is as follows:
City Committees
January 15, 2007
Page 6
• One representative from the Planning Commission
• One representative from the Parks and Recreation Commission
• One representative from the Cultural Resources Advisory Committee/Historic Resource
• One representative from the Senior Advisory Board
• One representative from the Tustin Audit Committee
• Two at large representatives appointed by the City Council
2. The Citizen Participation Committee duties and responsibilities are as follows:
To provide citizen and community input in an advisory fashion on the
development, implementation, evaluation, and amendments to the Community
Development Block Grant Program.
• To hold at least one (1) public hearing during the development of the Action
Plan and/or Consolidated Plan to obtain citizens views and to respond to citizen
proposals and requests, to assist in the determination of the community
development and housing needs and priorities, and to obtain comments on the
City's Community Development Block Grant program performance.
To encourage broad citizen and community participation on the Community
Development Block Grant Program.
The role that this Committee serves is required by federal law. The Committee holds one
of the two required `public meetings that the City holds on the Community Development
Block Grant annual Action Plan. This Committee meets either once or twice a year.
Approximately three (3) staff members and support personnel are required for the
meetings. Funding for this Committee is primarily from the Community Development Block
Grant Proc�yfm.
William A. Huston Elizabeth A. Binsack
City Manager Community Development Director
S:1Cdd1CCREPORT\City Committees Report (2).doc
Agenda Item 15__
Reviewed.
AEND 0 City Manager RE R71
AG
., Finance Director N/A
MEETING DATE: FEBRUARY 20, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: REALIGNMENT OF CITY COMMISSIONS AND COMMITTEES
SUMMARY:
Mayor Bone requested a review and asked for recommendations to consolidate and
minimize impacts 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, 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 (Attachment 1).
RECOMMENDATION
Recommendations to realign and/or consolidate responsibilities of the commissions
include the following:
• The Parks and Recreation Commission would have oversight of or coordination
with the Senior Advisory Board, Youth & Adult Sports Facilities Association,
Tustin Pride, the Tustin Community Foundation, and Special Events Committees.
It is also recommended that the Parks and Recreation Commission be renamed
to the Community Services Commission to reflect its broader role.
• The Planning Commission would accept the responsibilities of the Historic
Resources Committee.
• The Tustin Community Foundation would accept the responsibilities of the
Community Development In -House and Citizens' Participation Committee in
regarding the Public Services Category Projects.
To achieve these recommendations the Council would need to:
a) Introduce and have first reading of Ordinance No. 1331 (Term Limits) and set for
second reading at the Council's next scheduled meeting;
b) Initiate and refer draft Ordinance No. 1332 (Planning Commission/Historic
Resources Committee Consolidation) to the Planning Commission for
consideration;
City Committees
February 20, 2007
Page 2
c) Direct staff to prepare the appropriate amendments to the Community
Development Block Grant Citizen Participation Plan; and/or,
d) Take action as deemed appropriate.
FISCAL IMPACT
There was a general discussion of how each Board, Commission, or Committee is funded
or staffed under the discussion of each respective body in the January 15, 2007, agenda
report (Attachment 3). There will be cost savings with realignment, reduction, and/or
consolidation or various Boards and Commissions.
BACKGROUND AND DISCUSSION
The following summarizes how the alignment and/or consolidation could occur and
addresses associated issues:
PARKS AND RECREATION COMMISSION REALIGNMENT AND RENAMING
The Parks and Recreation Commission has the responsibility to advise the City Council
on the administration of parks, community services, recreation, and community
beautification matters. Many of these issues are referred to the Commission by
citizens. The Commission makes general recommendations and is limited in
administrative authority. The newly structured Commission will have the responsibility
for advising staff and the City Council on basic policies that guide the Parks and
Recreation Department. Renaming the Parks and Recreation Commission to the
Community Services Commission would reflect its broader responsibilities. Because of
the community familiarity and common "industry practice" the Parks and Recreation
Department would retain its name.
The purpose of enveloping other City committees and groups to report to and liaison
with the Parks and Recreation Commission is not only to encourage the provision of
Parks and Recreation programs and facilities but also to reflect the needs and interests
of Tustin's total population. In addition, staff deployment to administer to these
committees can be streamlined and cost can be reduced. These resources can be
redirected to delivering programs and services that these sub -committees and the entire
Commission recommend.
The Parks and Recreation Commission would have five (5) sub -groups who would have
a liaison relationship with the Commission. These five organizations would coordinate
efforts through the Parks &Recreation Commission to deliver programs and services.
There are currently five appointed commissioners, and each one would be assigned
each of the sub -organizations to assist them in meeting their mission and goals. The
five organizations include:
• The Senior Advisory Board
• Youth & Adult Sports Facilities Association
9 Tustin Pride
City Committees
February 20, 2007
Page 3
• Tustin Community Foundation
• Special Events Committees
The Senior Adviso Board: The Senior Advisory Board was originally appointed by the
Parks & Recreation Commission and has been in existence since 1984. Their
responsibility includes advising the staff on programs held at the Senior Center and for
the Senior Citizens of the greater Tustin Area. These programs include: health &
wellness, transportation, housing, excursions, educational classes, life enrichment
clubs, tax & legal assistance, workshops, and nutrition.
Youth and Adult Sports Facilities Association: This organization meets twice a year to
determine facility and field allocation use for all organized youth and adult associations.
This is a coordinated group who works closely with the Parks & Recreation and School
District staffs to allocate the limited sports facilities. The organizations that belong to
this group are: AYSO, Beckman High School, Boys & Girls Club, Foothill High School,
Jr. All American Football, National Junior, Basketball (NJB), Girls Softball, Tustin High
School, Tustin Soccer Club, Tustin Pony League, Tustin Eastern Little League, Western
Little League, Tustin Thunderbirds, Youth Cricket, Youth Lacrosse, ASA Softball, Pop
Warner, St Cecilia School, USSSA Softball.
Tustin Pride: The Tustin Pride committee is a community organization dedicated to
making our City more attractive. The committee sponsors the following annual
programs: Christmas Tree Recycling, Landscape recognition awards, Angels in Tustin,
Pumpkin Pride awards, Holiday display awards, Adopt -a -block litter control. The
committee also participates in the following citywide events: Street Fair, Tiller Days, and
Volunteer Connection Day.
The Tustin Community Foundation: The Tustin Community Foundation was established
in 1994. It provides an opportunity for our community to make contributions through an
incorporated, non-profit, 501(c)(3) corporation. The Tustin Community Foundation
provides monetary and in-kind support to community organizations. The purpose of the
Foundation is to support and foster the cultural, recreational, and human service needs
of the residents by helping to underwrite many of Tustin's worthwhile civic activities.
The Foundation has been restructured to lead a broader base of community support.
The Commission would not provide oversight of the Foundation but rather the
commission liaison member would coordinate city-wide communication on upcoming
events, needs, and coordinated effort on the solicitation of sponsorships.
Special Event Committees: The two large City and volunteer special events in the
community are the Street Fair/Chili Cook -off and the Tiller Days Celebration. These two
large organizations coordinate the special event activities associated with these events.
The Commission could play an active role by encouraging coordination with sponsor
and benefactor groups. This assists all of the sub -committees to eliminate a duplication
of effort in the area of volunteer and sponsorship support.
City Committees
February 20, 2007
Page 4
The liaison assigned would have the responsibility of bringing the important services
and programs of the special events committee back to the entire Commission for the
purpose of coordination communication and acting as an advocate for these two large
community festivals.
PLANNING COMMISSION REALIGNMENT
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 Resources Committee/Certified Local Government Program
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 Resources Committee), and other related
provisions. As part of this process, the City was also was recognized as a CLG for historic
preservation.
The following discussion describes the CLG Program and the Historic Resources
Committee.
Historic Resources Committee (previously known as Cultural Resources Advisory
Committee: The Historic Resources 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
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 Resources Survey Update
Discussing significant development projects in the Overlay District
City Committees
February 20, 2007
Page 5
Discussing the impacts of freeway and aircraft noise on the District
In addition to actively working on the issues stated above, the Committee has
expressed the desire to assume the following additional duties and responsibilities:
• Authority to grant certificates of appropriateness
• Authority to make land use recommendations to the Planning Commission and City
Council
• Authority to make policy recommendations to the Council
• Authority to review development applications and provide direction to staff
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. The Historic
Resource Committee has been meeting on a monthly basis. State law does not mandate
that cities have a Cultural Resources District or a Historic Resources 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 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
investment tax credits.
Five (5) minimum responsibilities of a CLG include:
• Enforce state and local legislation for the designation and protection of historic
properties;
Establish an adequate and qualified historic preservation review committee by local
law;
• Maintain a system for the survey and inventory of historic properties;
0 Provide for adequate public participation in the local historic preservation program,
city .Committees
February 20, 2007
Page 6
• including the process of reviewing and recommending properties for nomination to
the National Register of Historic Places; and
• Satisfactorily perform the responsibilities delegated by the State.
Tustin's Certified Local Government Status
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 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.
Necessary Actions: If desirous, the City Council could direct staff to consolidate the
responsibilities of the Historic Resources Committee with those of the Planning
Commission and to notify the State Office of Historic Preservation that the City is desirous
of ending its designation as a CLG. This would give the City more flexibility in filling the
vacant positions (of the Planning Commission in their role as the Historic Resources
Committee) because the State's recommended professional qualifications for membership
would no longer apply. Furthermore, the Committee would not be mandated to meet a
minimum of four times per year or attend an approved training workshop every year.
Because Tustin City Code Section 9252 mirrors the State requirements, a code
amendment would be necessary if these requirements are to be eliminated. However,
absent the CLG status, the City would not need to consult with the State in making the
amendments. The City's ordinances related to cultural and historic resources could still
remain as part of the City's Zoning Code. For example, current standards such as the
Certificate of Appropriateness process could remain if the Council desires.
If this is the desired course of action, the Planning Commission acting in this capacity
could develop a list of desired duties and responsibilities for the City Council's review and
consideration on an annual basis.
COMMUNTITY DEVELOPMENT BLOCK GRANT (CDBG)
CITIZEN PARTICIPATION COMMITTEE
To participate in the CDBG Program, the City is required to adopt a Citizen Participation
Plan (the Plan) which outlines the process for public participation in the development of
the Consolidated Plan, a planning document which describes the City's needs, goals,
and priorities of Housing and Community Development. Currently, the Plan designates
seven (7) members to serve as a Citizen Participation Committee (CPC) whose
City Committees
February 20, 2007
Page 7
responsibility is to receive public input and make recommendations) to the City Council
on the City's housing and community development goals and priorities and the annual
allocation of CDBG funds to public services 'providers and City's projects. The Council
inquired as to the possibility of reassigning the CPC responsibility to the Tustin
Community Foundation (the Foundation).
The Code of Federal Regulations (CFR), Title 24, Part 91, Section 105 requires
adoption of a Citizen Participation Plan (the Plan) for participation in the CDBG
program. The Plan must define how the jurisdiction will provide and encourage citizen
involvement in development of or amendment to the Consolidated Plan, Action Plan,
and Consolidated Annual Performance and Evaluation Report (CAPER). These
requirements are designed to encourage the participation of all its citizens including
persons with low- and moderate -incomes, particularly those living in slum and blighted
areas and in areas where CDBG funds are proposed to be used and by residents of
predominantly low- or moderate -income neighborhoods. A jurisdiction is also expected
to take whatever actions are appropriate to encourage the participation of all its citizens,
including minorities and non-English speaking persons, as well as persons with
disabilities.
To comply with the CFR requirements, the City must form some type of Participation
Committee. The Committee acts as an advisory body to the City Council. The City's
current Plan designates seven (7) members to serve as the City's CPC: five (5)
members from each standing committee and two (2) at -large members appointed by the
City Council. Each standing Committee represents certain groups such as seniors,
community services, etc. By using this composition, a broad base participation for each
represented group is encouraged. The CPC responsibilities include the following: To
provide citizen and community input in an advisory fashion on the development,
implementation, evaluation, and amendments to the CDBG program; to hold at least one
public hearing during the development of the Action Plan and/or Consolidated Plan to
obtain citizens views and to respond to citizen proposals and requests, to assist in the
determination of the community development and housing needs and priorities, and to
obtain comments on the City's CDBG program performance; and, to encourage broad
citizen and community participation on the CDBG Program.
Tustin Community Foundation Role as a CPC: As mentioned previously, the idea of
assigning the Foundation to serve as the City's CPC is to provide an opportunity for
leveraging of CDBG funds with private donations; thus, providing for more a substantial
and worthwhile grant amount. Since the Foundation encompasses various and broader
community membership, the Foundation appears to meet the criteria established by the
Federal regulations. The Foundation's roles would be very similar to the current CPC
unless the City Council wishes to add specific responsibility not covered under the
current Plan. However, the Foundation bylaws may need to be amended to reflect
Federal requirements, if its bylaws have not covered specific Federal Code prohibitions
to disallow the direct use of HUD funds to support any religious activities or for lobbying.
In addition, the inquiry also includes either full or partial funding of a Foundation staff
person who would be responsible for overseeing this program for his/her salary and
benefits.
City Committees
February 20, 2007
Page 8
Amendment Process: To revise the composition of the CPC, an amendment to the
City's Citizen Participation Plan would be required since the current plan establishes the
CPC composition. Prior to amending the Plan, Section 91.105(a)(3) of the Code of
Federal Regulation requires a jurisdiction to provide its citizens with a notice and a
reasonable opportunity to comment when substantial amendments are proposed. While
no public hearing is required, a public meeting to discuss the amendments is
recommended. A minimum of a 30 -day review period would need to be provided to
receive comments on the proposed Plan amendment(s).
William A. Huston
City Manager
Patrick Sanchez
Parks and Recreation D' ector
Attachments:
Elizabeth A. Binsack
Community Development Director
1. Draft Ordinance No. 1331
2. Draft Ordinance No. 1332
3. City Council Agenda Report January 15, 2007 CITY BOARDS, COMMISSIONS,
AND COMMITTEES
ATTACHMENT 1
ORDINANCE NO. 1331
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTIONS 1513, 1539, AND 1553 AND
REPEALING SECTION 1561 OF THE TUSTIN CITY CODE
RELATING TO TERMS OF OFFICE OF CITY BOARDS
AND COMMISSIONS.
The City Council of the City of Tustin, California, ordains:
Section 1. Section 1513 of the Tustin City Code is amended to read:
1513 APPOINTMENTS AND TERMS
Members of the Planning Commission shall be appointed by -the City Council.
The terms of office of three (3) appointees shall be until March 1, 2003. The terms of
office of two (2) appointees shall be until March 1, 2004. The term of each of said
offices shall thereafter be for two (2) years commencing on the expiration date of each
office as prescribed hereinabove.
All members of the Commission shall serve at the pleasure of the City Council
and may be removed upon motion of the City Council adopted by at least three (3)
affirmative votes. All members of the Commission shall serve until their respective
successors are appointed and qualified. A member of the Planning Commission shall
automatically be deemed removed from office upon filing for or announcing his or her
candidacy for any elective office or upon the occurrence of three (3) successive
unexcused absences from Planning Commission meetings or upon more than five (5)
absences from Planning Commission meetings within any six (6) consecutive month
period.
Section 2. Section 1539 of the Tustin City Code is amended to read:
1539 APPOINTMENT AND TERMS
Members of the Audit Committee shall be appointed by the City Council. The
terms of office of three (3) appointees shall be until March 1, 2003. The terms of office
of two (2) appointees shall be until March 1, 2006. The terms of each of said offices
shall thereafter be for four (4) years, commencing on the expiration date of each office
as prescribed hereinabove. All members of the Audit Committee shall serve at the
pleasure of the City Council and may be removed upon motion of the City Council
adopted by at least three (3) affirmative votes. All members of the Audit Committee shall
serve until their respective successors are appointed and qualified. Members of the
Audit Committee shall receive compensation as prescribed by the City Council from
time to time.
527502.1
Section 3. Section 1553 of the Tustin City Code is amended to read:
1553 APPOINTMENTS AND TERMS
Members of the Community Services Commission shall be appointed by the City
Council. The terms of office of the three (3) members appointed in 2002 shall continue
until March 1, 2004, or until one (1) new member is appointed. Only one (1) new
appointment shall be made, and the term of office of the appointee shall be until March
11 2006. The term of office of the four (4) members appointed in 2003 shall continue
until March 1, 2005. One (1) of the four (4) new appointments in 2005 shall have a term
of office of one (1) year, or until March 1, 2006. The terms of office of three (3) other
new appointees in 2005 shall be until March 1, 2007. The term of office of said officers
shall thereafter be for two (2) years commencing on the expiration date of each office as
hereinabove provided.
All members of the Commission shall serve at the pleasure of the City Council
and may be removed upon motion of the City Council adopted by at least three (3)
affirmative votes. All members of the Commission shall serve until their respective
successors are appointed and qualified.
Section 4. Section 1561 of the Tustin City Code is repealed.
Section 5. The Parks and Recreation Commission name is hereby changed to the
Community Services Commission. The City Clerk is authorized to make this name
change within the Code as deemed appropriate.
Section 6. The provisions of this Ordinance shall become effective at 12:01 am on
the thirty-first day after passage.
PASSED, APPROVED, AND ADOPTED this day of 2007.
LOU BONE, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
527502.1
2
APPROVED AS TO FORM:
DOUGLAS HOLLAND
CITY ATTORNEY
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIN 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:
527502.1
3
ATTACHMENT 2
ORDINANCE NO. 1332
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING 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, and 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. The provisions of this Ordinance shall become effective at 12:01 am on
the thirty-first day after passage.
PASSED, APPROVED, AND ADOPTED this day of 2007.
LOU BONE, MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
527502.1
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
20071 by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER, CITY CLERK
Published:
527502.1
2
ATTACHMENT 3
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, 20071
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 impacts 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.
Planning 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 Program
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 investment 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.
Z _. V
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.
ATTEST:
PAMELA STOKER
CITY CLERK
LOU BONE, MAYOR
4
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 enc -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 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; and.
G. 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
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.
in Commission hereby recommends that the City Council approve the
II. The Planning Y
ordinanceadopting ado tin Code Amendment 07-001, attached hereto as Exhibit A.
PASSED ANY
D ADOPTED b the Planning Commission of the City of Tustin at a regular
meeting held on the 13th day of March, 2007.
BR FLOY
C- Chairperson
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.
01
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 Cit Council within a Cult
. Y ural
Resources District. In performing its historic and cultural resources duties, the Planning
Commission shall not exercise any independent final decision-making Y authorit or
expend city funds. Actions of the Commission shall not be considered actions of the City
and shall not be represented p esented as such.
Section 2. Any reference within the Code to the Historic Resource Committee or
Cultural Resource Advisory Committee is hereby changed to PlanningCommission.
on.
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
�' ; 502.
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 Cit of Tustin is five; that the above and foregoing Ordinance was passed
City
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:
2