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HomeMy WebLinkAboutORD 1238 (2001). l0 ]4 l? 20 22 23 2.4 25 2.? ?-9 ORDINANCE NO. 1238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING CODE AMENDMENT 01-002, AN AMENDMENT TO ARTICLE 9, SECTION 9271 OF THE TUSTIN CITY CODE TO ALLOW ADDITIONS TO HISTORIC RESIDENTIAL STRUCTURES LISTED ON THE CITY'S HISTORIC RESOURCES SURVEY TO MAINTAIN THE EXISTING SIDE OR. REAR YARD SETBACK OF THE ORIGINAL STRUCTURE IF THE REQUIREMENTS OF THE UNIFORM BUILDING CODE CAN BE MET AND EMERGENCY ACCESS CAN BE MAINTAINED The City Council of the City of Tustin does hereby ordain as follows' Section 1. FINDINGS A, That Code Amendment 01-002 is necessary to set forth flexible side yard and rear yard setback requirements for additions to historic structures (listed in the City's Historic Resources Survey) that do not meet the current side and rear yard setback requirements. Bo That the amendment to Tustin City Code Sections has been prepared to allow side and rear yard setbacks for new additions to be consistent with the existing structure if the original structure does not meet the applicable zoning setback requirement and the Uniform Building Code requirements can be met. C, That a public hearing was duly noticed, called, and held on the code amendment by the Planning Commission on May 14, 2001.' The Planning Commission adopted Resolution No. 3780 recommending that the City Council approve Code Amendment 01-002. D, That a public hearing was duly noticed, called, and held by the City Council for the first reading of this ordinance 'at a regular meeting held on May 21, 2001. Eo The proposed code amendment would be beneficial and not have an adverse affect on the public health, safety, .and welfare of residents or businesses of the City in that: o Allowing an extension of the existing setbacks would encourage additions that' preserve the architectural integrity of historic residences. Ordinance No. 1238 Page 2 of 3 2~ Allowing an extension of existing setbacks would provide design flexibility which may encourage renovations that would extend the usefulness of structures that have been identified on the City's Historic Survey. m Proposals to enlarge existing residences would be reviewed through the Design Review process on a case-by-case basis, consistent with Section 9272 of the Tustin City Code, to ensure consistency with applicable development standards and compatibility with adjacent properties. Compliance with applicable development standards would limit the extent of additions and minimize potential adverse impacts associated with expanding a structure along existing setbacks. Allowing an extension of the existing would only be permitted if requirements of the Uniform Building Code can be met and emergency access can be maintained. F. The proposed code amendment is consiStent with the General Plan Conservation/Open Space/ Recreation Element Policy 12.1 which states, "Identify, designate, and protect facilities of historical significance, where feasible." G. That a Final Negative Declaration has been approved by the City Council in conformance with the requirements of the California Environmental Quality Act. Section 2.. Article 9 of the Tustin City Code is hereby amended to read as follows: Section 9271 (p)(2): "In the Single Family Residential (R-l), Duplex Residential (R-2), and Multiple Family Residential (R-3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to existing structures (not including accessory structures except garages identified in the City's Historic Resources Survey) that are listed on the City's Historic Resources Survey shall be the same as the adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less than the minimum setback required in the applicable residential district provided the requirements of the Uniform Building Code can be met and emergency access can be maintained. 10 12 13 14 16 18 19 20 21 22 23 24 25 26 2'7 28 29 Ordinance No. 1238 Page 3 of 3 Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, ali of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the Ci.t,y Council of the City of Tustin at a regular meeting on the 4th day of Juine, 2001. / /. Tracy WillsL~orley, Mayor Pamela Stoker .. City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1238 PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Ordinance No. 1238 was duly and '.regularly introduced at a regular meeting of the Tustin City Council, held on the 21~t day of May, 2001 and was given its'second reading, passed and adopte~ at a regular meeting of the City Council held on the a_C~t, day of ~,t~.~-, 2001 'by the following vote' COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk .. Worley, Thomas, Bone., Doyie., Kawashima None None ~:one..'.,