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Home My WebLink About16 CODE AMEND: CRAC ORD 9-19-05 AGENDA REPORT Agenda Item --1.L Reviewed: 11l1 City Manager Finance Director ~ MEETING DATE: SEPTEMBER 19, 2005 TO: WilLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1301: 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. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1301 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On September 6, 2005, the City Council had first reading by title only and introduction of the following Ordinance: 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 JI ~ / J< ~/3VJ' Maria R. Huizar, Chief Deputy City Clerk ATTACHMENT: Ordinance -"",.,...,......íßtNiI'IìIII 1'1' .. 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: 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 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 ql,Jalified. Section III. follows: C Section IV. follows: 5. Section V. follows: 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. Tustin City Code Section 9252(c)(5) is hereby amended to read as 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. 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 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. The members of the Cultural Resources Advisory Committee as of the day before the effective date of this ordinance shall serve as the original members of the Historic Resource Committee, with the term of each office remaining unchanged. Section X. 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 Ordinance No. 1301 Page 4 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