HomeMy WebLinkAbout17 CULTURAL RESOURCES 05-16-05 A G END A REPORT Agenda Item Reviewed: City Manager ------17 - ~. Finance Director ~ MEETING DATE: MAY 16, 2005 FROM: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT TO: SUBJECT: CULTURAL RESOURCES ADVISORY COMMITTEE SUMMARY On June 20, 1988, the City Council established the Cultural Resources Advisory Committee through the adoption of Ordinance No.1 001. 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 IMPACT 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 Backaround On June 20, 1988, the City Council adopted Ordinance No.1 001, 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.1 001: . Completed the 1990 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 Advisorv 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 Historic Reaister -PlaQue ProaramlEnhancements 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 Proaram 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 Participation in Committee Meetinas 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) Monthlv Meetinas 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. J~~ Scott Reekstin Senior Planner a~4 d2~~ i- Elizabeth A. Binsack Community Development Director Attachment: Tustin City Code Section 9252 S:\Cdct.CCREPORnCAAC Ta,ks Report 05.16.05.doc ATTACHMENT TUSTIN CITY CODE SECTION 9252 PART 5 COMBINING AND OVERLAY DISTRICTS Page 1 of 10 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 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 1 0,000 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 1,000 square feet of floor area (i) Clinics: One (1) space for each 200 feet of floor area 0) 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. http://library6.municode.com!gateway .dlIlCAlcalifomia/2393/25 53/25 5 8 ?f=templates$fn... 05/1112005 PART 5 COMBINING AND OVERLAY DISTRICTS 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. b Applicability 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 http://library6.municode.comlgateway.dJIICAlcalifornia/2393/25 5 3/2558 ?f=templates$fn... 05/11/2005 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. 6. Meetings of the Committee shall only be called when requested by the City Councilor 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 craflmanship; 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 http://library6.municode.comlgateway .dlllCAlcalifornia/2393/25 53/2558 ?f=templates$fn... 05/11/2005 PART 5 COMBINING AND OVERLAYDISTRlCTS 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. 6. 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: http://library6.municode.comlgateway .d1IJCAlcaIifomia/2393/25 53/25 58 ?f=templates$fn... 05/1112005 PART 5 COMBINING AND OVERLAY DISTRICTS Page 5 of 10 (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 http://library6.municode.comlgateway .dlIlCAIcalifornia/2393/255 3/2558 ?f=templates$fn... 05/11/2005 PART 5 COMBINING AND OVERLAY DISTRICTS Page 6 of 10 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 least 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: http://library6.municode.com!gateway .dlllCAlcalifomia/2393/25 53/25 5 8 ?f=templates$fn... 05/11/2005 PART 5 COMBINING AND OVERLAY DISTRICTS Page 7 of 10 (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 i.3 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, tile or wood, signs, banners, flags and projections. Residential standards 2. (a) Permitted uses: (1) All uses shall be permitted in the Cultural Resources http://library6.municode.coml gateway .dlIlCAlcalifornia/2393/2553/255 8 ?f=templates$fn... 05/11/2005 PART 5 COMBINING AND OVERLAY DISTRICTS Page 8 of 10 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) Commercial standards 3. 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: (a) TABLE INSET: Pipe and tobacco amp shops hops Nine tasting room5 ardage goods Leather goads Knit shops ~andle shops ice cream shops 30utique eweiry shops ~offee shops Nrought iron ware thnic restaurants rt galienes Spanish, Mexican, 3enerai offices if located on any fioar above and if iess than 50 percent of total area are occupied by general offices, consistent rench, German) ~th Section 9233o(1)(g) http://library6.municode.comlgateway .dIl/CAlcalifornia/2393/25 53/25 5 8 ?f=templates$fn... 05/11/2005 PART 5 COMBINING AND OVERLAYDISTRlCTS Page 9 of 10 Hobby shops Þelicatessen5 hotographe~s studios f'lntique shops hina 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 corner properties requiring a five-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 anyone 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. http://library6.municode.comJgateway .dlllCAlcalifomia/2393/25 53/255 8 ?f=templates$fn... 05/1112005 PART 5 COMBINING AND OVERLAY DISTRICTS Page 10 of 10 (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 term 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 ($500.00) or be imprisoned for a period not exceeding six (6) months or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. No.1 001, Sec. 2, 6- 20-88) http://library6.municode.comlgateway .dlllCAlcalifomia/2393125 53/25 5 8 ?f=templates$fn... 05/11/2005