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HomeMy WebLinkAboutPC RES 3991 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. E IZABETH 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. {j¿~d ~~~ LIZABETH A. BINSACK Planning Commission Secretary