HomeMy WebLinkAboutORD 1238 (2001).
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ORDINANCE NO. 1238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING CODE AMENDMENT 01-002, AN
AMENDMENT TO ARTICLE 9, SECTION 9271 OF THE
TUSTIN CITY CODE TO ALLOW ADDITIONS TO HISTORIC
RESIDENTIAL STRUCTURES LISTED ON THE CITY'S
HISTORIC RESOURCES SURVEY TO MAINTAIN THE
EXISTING SIDE OR. REAR YARD SETBACK OF THE
ORIGINAL STRUCTURE IF THE REQUIREMENTS OF THE
UNIFORM BUILDING CODE CAN BE MET AND
EMERGENCY ACCESS CAN BE MAINTAINED
The City Council of the City of Tustin does hereby ordain as follows'
Section 1. FINDINGS
A,
That Code Amendment 01-002 is necessary to set forth
flexible side yard and rear yard setback requirements for
additions to historic structures (listed in the City's Historic
Resources Survey) that do not meet the current side and rear
yard setback requirements.
Bo
That the amendment to Tustin City Code Sections has been
prepared to allow side and rear yard setbacks for new
additions to be consistent with the existing structure if the
original structure does not meet the applicable zoning
setback requirement and the Uniform Building Code
requirements can be met.
C,
That a public hearing was duly noticed, called, and held on the
code amendment by the Planning Commission on May 14,
2001.' The Planning Commission adopted Resolution No.
3780 recommending that the City Council approve Code
Amendment 01-002.
D,
That a public hearing was duly noticed, called, and held by the
City Council for the first reading of this ordinance 'at a regular
meeting held on May 21, 2001.
Eo
The proposed code amendment would be beneficial and not
have an adverse affect on the public health, safety, .and
welfare of residents or businesses of the City in that:
o
Allowing an extension of the existing setbacks would
encourage additions that' preserve the architectural
integrity of historic residences.
Ordinance No. 1238
Page 2 of 3
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Allowing an extension of existing setbacks would
provide design flexibility which may encourage
renovations that would extend the usefulness of
structures that have been identified on the City's
Historic Survey.
m
Proposals to enlarge existing residences would be
reviewed through the Design Review process on a
case-by-case basis, consistent with Section 9272 of
the Tustin City Code, to ensure consistency with
applicable development standards and compatibility
with adjacent properties. Compliance with applicable
development standards would limit the extent of
additions and minimize potential adverse impacts
associated with expanding a structure along existing
setbacks.
Allowing an extension of the existing would only be
permitted if requirements of the Uniform Building
Code can be met and emergency access can be
maintained.
F. The proposed code amendment is consiStent with the
General Plan Conservation/Open Space/ Recreation
Element Policy 12.1 which states, "Identify, designate, and
protect facilities of historical significance, where feasible."
G. That a Final Negative Declaration has been approved by the
City Council in conformance with the requirements of the
California Environmental Quality Act.
Section 2.. Article 9 of the Tustin City Code is hereby amended to read
as follows:
Section 9271 (p)(2):
"In the Single Family Residential (R-l), Duplex Residential (R-2),
and Multiple Family Residential (R-3) zoning districts, the minimum
required side or rear yard setback for side or rear yard additions to
existing structures (not including accessory structures except
garages identified in the City's Historic Resources Survey) that are
listed on the City's Historic Resources Survey shall be the same as
the adjacent elevation of the existing side or rear yard setback of
the original structure if the setback is less than the minimum
setback required in the applicable residential district provided the
requirements of the Uniform Building Code can be met and
emergency access can be maintained.
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Ordinance No. 1238
Page 3 of 3
Section 3.
SEVERABILITY
All of the provisions of this ordinance shall be construed together to
accomplish the purpose of these regulations. If any provision of this part
is held by a court to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or if a provision is
declared to be invalid or unconstitutional as applied to all facts, ali of the
remaining provisions of this ordinance shall continue to be fully effective.
PASSED AND ADOPTED by the Ci.t,y Council of the City of Tustin at a
regular meeting on the 4th day of Juine, 2001.
/ /.
Tracy WillsL~orley, Mayor
Pamela Stoker ..
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1238
PAMELA STOKER, City Clerk and ex-officio of the City Council of the City
of Tustin, California, does hereby certify that the whole number of the
members of the City Council is five; that the above and foregoing
Ordinance No. 1238 was duly and '.regularly introduced at a regular
meeting of the Tustin City Council, held on the 21~t day of May, 2001 and
was given its'second reading, passed and adopte~ at a regular meeting of
the City Council held on the a_C~t, day of ~,t~.~-, 2001 'by the
following vote'
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Pamela Stoker, City Clerk
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Worley, Thomas, Bone., Doyie., Kawashima
None
None
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