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HomeMy WebLinkAbout01 CODE AMEND: CRAC - HISTORIC RESOURCES 09-06-05 AGEND A REPORT SEPTEMBER 6, 2005 WilLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 05-002 - CULTURAL RESOURCES AMENDMENT SUMMARY Code Amendment 05-002 consists of amendments to Tustin City Code Sections 1561, 9252(c), 9252(g)(3); 9252(h)(2)(a), and 9297, relating to the Cultural Resources Advisory Committee. The proposed amendments would change the name of the Cultural Resources Advisory Committee, add clarifying language regarding the Committee's role, and add a definition for Community Development Director. Applicant: City of Tustin Community Development Department RECOMMENDATION That the City Council conduct a public hearing; introduce and have the first reading of Ordinance No. 1301, approving Code Amendment 05-002; and, set for second reading at the Council's next scheduled meeting. FISCAL IMPACT Code Amendment 05-002 is a City-initiated project. The proposed amendment would amend the City Code relating to the Cultural Resources Advisory Committee and the definition for Community Development Director. There are no direct fiscal impacts associated with the proposed code amendment. ENVIRONMENTAL 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 Council Report Code Amendment 05-002 Page 2 of 3 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." . 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. City Council Report Code Amendment 05-002 Page 3 of 3 On August 22, 2005, the Planning Commission recommended that the City Council approve Code Amendment 05-002. CITY ATTORNEY REVIEW The City Attorney has reviewed the content and form of Code Amendment 05-002. ~evtC ¿ Ad; ~ ^J Scott Reekstin Senior Planner a~/4 ~~L Elizabeth A. Blnsack Community Development Director ccreport\CA 05-002 Cultural Resources Committee Amendment.doc Attachments: Ordinance No. 1301 Draft Ordinance No. 1301 (Strike Out Version) 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 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 on September 6, 2005, a public hearing was duly noticed, called, and held on Code Amendment 05-002 by the City Council. D. 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: 1561 PART 6 HISTORIC RESOURCE COMMITTEE 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 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 Ordinance No. 1301 Page 2 three (3) affirmative votes. All members of the Historic Resource Committee shall serve until their respective successors are appointed and qualified. Section III. follows: C Tustin City Code Section 9252(c)(1) is hereby amended to read as 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. Section IV. Tustin City Code Section 9252(c)(5) is hereby amended to read as follows: Section V. 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 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. Section VI. 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. Ordinance No. 1301 Page 3 Section VII. The following definition of "Committee" in Tustin City Code Section 9297 is hereby amended to read as follows: "Committee" means the Historic Resource Committee. Section VIII. 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. 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: Ordinance No. 1301 Page 4 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk DRAFT ORDINANCE NO. 1301 (STRIKE OUT VERSION) 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 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 on September 6, 2005, a public hearing was duly noticed, called, and held on Code Amendment 05-002 by the City Council. D. That the proposed amendment is not a "projecf' pursuant to the provisions of the California Environmental Quality Act (CEQA). Tustin City Code Section 1561 is hereby amended to read as follows: Section II. PART 6 HISTORIC RESOURCE COMMITTEE 1561 TERMS OF OFFICE The Cl,Jlt , FaI ReSQ ' FSOS Ad'/isery 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 Cl,Jltural Reseuroes AEt'/isory Historic Resource Committee on Feer¡,¡ary 1, 1 QQ1 shall be froA'! that Elate until tRe--tAifQ Men¡:; ay in J , ly, 1 QQ2 Julv 21. 2008, and the terms of office of three (3) of the members of the Cultural Rese , roes .'\Elvisery Historic Resource Committee on Feer , ary 1, 1 QQ1 shall be from that Elate until tho thiÆt MenElay in J , ly, 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 C , lt , Fal ResfM£es f\¡:; visel)' 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 ~ Draft Ordinance No. 1301 Page 2 ROSS , Æ)SS /\EtvisSF'j Historic Resource Committee shall serve until their respective successors are appointed and qualified. Section III. follows: C Tustin City Code Section 9252(c)(1) is hereby amended to read as Historic Resource Committee 1. There is hereby created a C , lt¡,¡ral Rssour.cos I\dvissry 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. Section IV. Tustin City Code Section 9252(c)(5) is hereby amended to read as follows: Section V. 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 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 C , lt , Fal Ress , rcos Advisory Historic Resource Committee prior to rendering a decision. Section VI. 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 Cult¡,¡ral ReSS ' FGOS Historic Resource Committee. Draft Ordinance No. 1301 Page 3 Section VII. The following definition of "Committee" in Tustin City Code Section 9297 is hereby amended to read as follows: "Committee" means the ~ Historic Resource AEI¥isGFy Committee. Section VIII. 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 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: Draft Ordinance No. 1301 Page 4 COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk