HomeMy WebLinkAboutORD 1332 (2007)ORDINANCE N0.1332
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTION 9252 C AND ASSOCIATED
SECTIONS OF THE TUSTIN CITY CODE RELATED TO
ASSIGNING CULTURAL AND HISTORIC RESOURCES
RESPONSIBILITIESTOTHE PLANNING COMMISSION
The City Council of the City of Tustin, California, finds and ordains as follows:
Section 1.
A. That on January 15 and February 20, 2007, the City Council, after
consideration of matters related to consolidation and realignment of
commission/committee responsibilities and ways to minimize impacts on
City resources related to City Boards, Commissions, and Committees,
initiated and referred draft Ordinance No. 1332 to the Planning Commission
for consideration;
B. That State law does not mandate that cities have a Cultural Resources
District or a Historic Resource Committee and that the City Council does
have the discretion to assign the duties of the Committee to the Planning
Commission;
C. That the Council has more flexibility in filling the vacant positions (of the
Planning Commission in their role as the Historic Resource Committee)
because the State's recommended professional qualifications no longer
apply;
D. That the Planning Commission acting in this capacity could develop a list of
desired duties and responsibilities regarding cultural and historic resources
forthe City Council's review and consideration on an annual basis;
E. That there is less of an impact on the City's general fund in that the
Committee would not be mandated to meet a minimum of four times per
year or attend an approved training workshop each year;
F. That on March 13, 2007, a public hearing was duly noticed, called, and held
on Code Amendment 07-001 by the Planning Commission, and the Planning
Commission recommended that the City Council approve Code Amendment
07-001;
G. That on March 20, 2007, a public hearing was duly noticed, called, and held
on Code Amendment 07-001 by the City Council; and,
Ordinance No. 1332
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H. That this ordinance 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.
Section 2. Subsection c of Section 9252 of the Tustin City Code is amended to
read:
c. Planning Commission
The Planning Commission shall advise the City Council on all matters
relating to historic and cultural resources, including without limitation, .matters
affecting the establishment of a Cultural Resource District, designation of Cultural
Resources, and as a liaison between residents, property owners, and the City
Council within a Cultural Resources District. In performing its historic and cultural
resources duties, the Planning Commission shall not exercise any independent
final decision-making authority or expend city funds. Actions of the Commission
shall not be considered actions of the City and shall not be represented as such.
Section 3. Any reference within the Code to the Historic Resource Committee or
Cultural Resource Advisory Committee is hereby changed to Planning Commission.
The City Clerk is authorized to make this name change within the Code as deemed
appropriate.
Section 4. The provisions of this Ordinance shall become effective at 12:01
a.m. on the thirty-first day after passage.
PASSED, APPROVED, AND ADOPTED this 1St day of May, 2007.
LOU BONE,
Mayor
ATTEST:
PAMELA STOKER,
City Clerk
Ordinance No. 1332
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
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. 1332 was
dul and regularly introduced at a regular meeting of the Tustin City Council, held on the
17th day of April, 2007 and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the 1St day of May, 2007 by the following
vote:
COUNCILMEMBER AYES: Bone, Amante, Davert, Palmer (4)
COUNCILMEMBER NOES: Kawashima (1)
COUNCILMEMBERABSTAINED: None (0)
COUNCILMEMBERABSENT: None (0)
PAMELA STOKER
City Clerk
Ordinance No. 1332
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