HomeMy WebLinkAbout07 CA 05-002
ITEM #7
Report to the
Planning Commission
DATE:
AUGUST 22, 2005
TO:
PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 05-002 (CULTURAL RESOURCES ADVISORY
COMMITTEE)
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3991 recommending that the City
Council adopt Code Amendment No. 05-002 to amend Tustin City Code Sections 1561,
9252(C), 9252(g)(3); 9252(h)(2)(a), and 9297 relating to the Cultural Resources Advisory
Committee.
BACKGROUND AND DISCUSSION
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.
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."
At their January 11, 2005, February 8, 2005, and March 8, 2005, meetings, the Cultural
Resources Advisory Committee developed a list of tasks they were desirous of
implementing. The tasks were presented to, and approved by, the City Council on May
16, 2005, including the processing of minor amendments to the City Code to:
. Change the name of the Cultural Resources Advisory Committee to "Historic
Resource Committee."
Planning Commission Report
Code Amendment 05-002
August 22, 2005
Page 2
. Add the following language 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
available to the City Council and the Planning Commission for advice and
counsel regarding the Cultural Resource District."
In addition to the amendments proposed by the Cultural Resources Advisory Committee,
staff has included an amendment to add a definition for "Community Development
Director" to Chapter 2 (Zoning) of Article 9 of the Tustin City Code.
The amendments are proposed to clarify the role of the Committee and to clarify for the
public that the Committee provides advice on matters pertaining to historic preservation
rather than arts and culture. The proposed amendments are minor in nature and do not
substantively change the purposes or functions of the Committee or the Cultural Resource
Overlay District.
ENVIRONMENTAL ANALYSIS
The proposed amendment 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 a project as defined in Section
15378) because it has no potential for resulting in physical change to the environment,
directly or indirectly.
CITY ATTORNEY
The City Attorney has reviewed the content and form of Code Amendment 05-002.
~M;t ~
Scott Reekstin
Senior Planner
~~~
Elizabeth A. Binsack
Community Development Director
Attachments: Resolution No. 3991
Draft Ordinance No. 1301
S:\Cdd\PCREPORT\CA 05-002 (Cultural Resources).doc
RESOLUTION NO. 3991
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE CODE AMENDMENT 05-002 TO AMEND TUSTIN CITY
CODE SECTIONS 1561, 9252(C), 9252(g)(3); 9252(h)(2)(a), and 9297
RELATING TO THE CULTURAL RESOURCES ADVISORY
COMMITTEE.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
The Planning Commission finds and determines:
A. That the proposed amendment to the Tustin City Code has been prepared to
change the name of the Cultural Resources Advisory Committee to the Historic
Resource Committee, to further clarify the role of the Committee, and to
provide a definition for "Community Development Director."
B. That on August 22, 2005, a public hearing was duly noticed, called, and held
on Code Amendment 05-002 by the Planning Commission, and the Planning
Commission recommended that the City Council approve Code Amendment
05-002.
C. That the proposed amendment is not a "project" and is exempt from further
environmental review pursuant to the provisions of the California Environmental
Quality Act (CEQA).
II. The Planning Commission hereby recommends that the City Council approve
Code Amendment 05-002 by amending Chapter 5 of Article 1 and Chapter 2 of Article 9
of the Tustin City Code as follows:
Tustin City Code Section 1561 is hereby amended to read as follows:
PART 6 HISTORIC RESOURCE COMMITTEE
1561
TERMS OF OFFICE
The Historic Resource Committee is established by Section 9252c and the
qualifications of its members are as prescribed in said section.
The terms of office of two (2) of the members of the Historic Resource Committee
shall be until July 21, 2008, and the terms of office of three (3) of the members of the
Historic Resource Committee shall be until July 1, 2009. The term of each of said offices
Resolution No. 3991
Page 2
shall thereafter be for four (4) years commencing on the expiration date of each office as
prescribed hereinabove.
All members of the Historic Resource 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 Historic Resource Committee shall serve
until their respective successors are appointed and qualified.
Tustin City Code Section 9252(c)(1) is hereby amended to read as follows:
C
Historic Resource Committee
1.
There is hereby created an Historic Resource 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.
Tustin City Code Section 9252(c)(5) is hereby amended to read as follows:
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 Cultural Resources, and as a liaison between residents,
and property owners and the City Council within a Cultural Resources
District. The Committee through regular meetings and with review of
matters concerning the cultural resources and/or Cultural Resource District
shall be available to the City Council and the Planning Commission for
advice and counsel regarding the Cultural Resource District. The
Committee shall not exercise any independent final decision-making
authority or expend City funds. Actions of the Committee shall not be
considered actions of the City and shall not be represented as such.
Tustin City Code Section 9252(g)(3) is hereby amended to read as follows:
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 Historic Resource Committee prior to rendering a decision.
Tustin City Code Section 9252(h)(2)(a) is hereby amended to read as follows:
(a) The proposed work conforms to the Municipal Code and design standards
which may be established from time to time by the Historic Resource Committee.
The following definition of "Committee" in Tustin City Code Section 9297 is hereby
amended to read as follows:
Resolution No. 3991
Page 3
"Committee" means the Historic Resource Committee.
The following definition of "Community Development Director" shall be added to Tustin
City Code Section 9297 to read as follows:
"Community Development Director" means the Director of the Community
Development Department or designee.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting held on the 22nd day of August, 2005.
John Nielsen
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
) SS
)
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. 3991 was duly passed and adopted at the regular meeting of the Tustin
Planning Commission, held on the 22nd day of August, 2005.
ELIZABETH A. BINSACK
Planning Commission Secretary
DRAFT ORDINANCE NO. 1301
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTIONS 1561,
9252(C), 9252(g)(3); 9252(h)(2)(a), and 9297 RELATING TO THE
CULTURAL RESOURCES ADVISORY COMMITTEE.
The City Council of the City of Tustin does hereby ordain as follows:
Section I.
The City Council finds and determines as follows:
A. That the proposed amendment to the Tustin City Code has been prepared to
change the name of the Cultural Resources Advisory Committee to the Historic
Resource Committee, to further clarify the role of the Committee, and to
provide a definition for "Community Development Director."
B. That the proposed amendment is not a "project" pursuant to the provisions of
the California Environmental Quality Act (CEQA}.
Section II.
Tustin City Code Section 1561 is hereby amended to read as follows:
PART 6 HISTORIC RESOURCE COMMITTEE
1561
TERMS OF OFFICE
The Cultur31 Resourco£ /\d\'isory Historic Resource Committee is established by
Section 9252c and the qualifications of its members are as prescribed in said section.
The terms of office of two (2) of the members of the Cultur31 Resouroo£ Advisory
Historic Resource Committee on Febru3ry 1, 1991 shall be from that date until the third
Monday in July, 1992 July 21. 2008, and the terms of office of three (3) of the members of
the Cultur31 Ro£ouroes Advisory Historic Resource Committee on February 1, 1991 shall
be from thdt d3to until tho third Mond3Y in July, 1993 July 1. 2009. The term 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 Cultur31 Resourco£ /\dvisory Historic Resource 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 Cultural
Resources /\d'lisory Historic Resource Committee shall serve until their respective
successors are appointed and qualified.
Section III.
follows:
Tustin City Code Section 9252(c)(1) is hereby amended to read as
C
Historic Resource Committee
Draft Ordinance No. 1301
Page 2
Section IV.
follows:
Section V.
follows:
1.
There is hereby created ::1 Cultur::11 ReE:ouroeE: /\dvisory an Historic
Resource 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.
Tustin City Code Section 9252(c)(5) is hereby amended to read as
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 Cultural Resources, and as a liaison between residents,
and property owners and the City Council within a Cultural Resources
District. The Committee throuqh reqular meetinqs and with review of
matters concerninq the cultural resources and/or Cultural Resource District
shall be available to the City Council and the Planninq Commission for
advice and counsel reqardinq the Cultural Resource District. The
Committee shall not exercise any independent final decision-making
authority or expend city funds. Actions of the Committee shall not be
considered actions of the City and shall not be represented as such.
Tustin City Code Section 9252(g)(3) is hereby amended to read as
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 J\dvisory Historic Resource Committee prior
to rendering a decision.
Section VI.
follows:
Tustin City Code Section 9252(h)(2)(a) is hereby amended to read as
(a) The proposed work conforms to the Municipal Code and design standards
which may be established from time to time by the Cultur::11 Resources Historic
Resource Committee.
Section VII. The following definition of "Committee" in Tustin City Code Section 9297 is
hereby amended to read as follows:
"Committee" means the Cultural Historic Resource ^dvisory Committee.
Section VIII. The following definition of "Community Development Director" shall be
added to Tustin City Code Section 9297 to read as follows:
Draft Ordinance No. 1301
Page 3
"Communitv Development Director" means the Director of the Community
Development Department or desiQnee.
Section IX.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason determined to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council of the City of Tustin hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 19th day of September, 2005.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1301
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 5; that the above and foregoing Ordinance No. 1301 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 6th day of
September, 2005 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 19th day of September, 2005 by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk