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.
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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
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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
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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:
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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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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:
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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 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
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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)
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)
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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.
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PART 5 COMBINING AND 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 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)
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