HomeMy WebLinkAbout06 ZA DutiesITEM #6
DATE: FEBRUARY 26, 2008
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ZONING ADMINISTRATOR DUTIES AND FUNCTION
BACKGROUND
On February 12, 2008, the Planning Commission requested information related to the duties
and function of the Zoning Administrator. The Planning Commission specifically requested
clarification as to which types of discretionary actions would be reviewed by the Zoning
Administrator instead of the Planning Commission.
The Zoning Administrator position and function was created by City Council adoption of
Ordinance No. 552 in May 1972 and significantly updated by Ordinance No. 1157 in December
1995. Various minor amendments to Tustin City Code Section 9299 have occurred since 1999.
The Zoning Administrator has the authority to approve, conditionally approve or deny any of the
minor adjustments, variances, conditional use permits, etc. identified in the Ordinance (Section
9299 of the Tustin Municipal Code, attached). The Zoning Administrator function is fulfilled by
the Director of Community Development or designee. The Zoning Administrator hears
approximately 15 case per fiscal year.
As stated in the Ordinance findings, City Council determined that the purpose of the Zoning
Administrator is to improve the processing efficiency for certain routine minor variations and
administrative actions. The applicant or any interested party may appeal any action of the
Zoning Administrator to the Planning Commission, or an appeal of a design review application
within a redevelopment project area to the Redevelopment Agency when filed within seven days
of the Zoning Administrator action.
Dana L. Ogdon
Assistant Director
Elizabeth A. Binsack
Community Development Director
Attachments: Section 9299, et al
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9299 ZONING ADMINISTRATOR
a Office Created
An Office of the Zoning Administrator is hereby created pursuant to Section 65900 et seq., of
the California Government Code.
b Duties
The Community Development Director, or his/her designee, acting as the Zoning Administrator,
shall have dual responsibility with that of the Planning Commission to hear and decide in accordance
with Council policy and provisions of this chapter, and has the authority to approve, conditionally
approve or deny the following requests when such requests constitute a reasonable use of property not
permissible under a strict literal interpretation of the regulations. The Zoning Administrator reserves the
right toforward any matter listed below to the Planning Commission for consideration and action.
Requests for minor adjustments Zoning Administrator variances in excess of the limitations prescribed
in this subsection, or those development standards not specifically listed in this subsection, shall be
subject to the approval of a variance by the Planning Commission. Requests for conditional use permits
or other specified development applications not specifically listed in this subsection shall be subject to
the approval of a conditional use permit or other discretionary review by the Planning Commission or
other reviewing body as applicable.
(1) Minor adjustments:
(a) A decrease of not more than five percent (5%) of the required building site
area.
(b) A decrease of not more than ten percent (10%) of a required building or
landscaping setback.
(c) An increase of not more than twenty percent (20%) in the maximum
permitted height of a fence or wall, subject to city approved structural design.
(d) An increase of not more than ten percent (10%) of the permitted projection
of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry
chimneys, raised porches and fireplaces into any required building setback.
(e) An increase of not more than ten percent (10%) in the maximum permitted
building height.
(f) A decrease in the number of required off-street parking spaces for
nonresidential land uses up to a maximum of ten percent (10%).
(g) A decrease of not more than ten percent (10%) in the permitted distances
between detached accessory structures and main structures.
(h) An increase of not more than ten (10) percent in the maximum permitted
driveways within the front yard setback for residential districts or the front yard for
commercial and industrial districts. (Ord. No. 1240, Sec. 2, 8-6-01)
(2) Variances when required by the City Code:
(a) A decrease of not more than ten percent (10%) of an individual required
building site area.
(b) An increase of not more than twenty percent (20%) of the permitted
projection of steps, stairways, landings, eaves, cornices, canopies, overhangs,
masonry chimneys, raised porches and fireplaces into any required building
setback.
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(c) A decrease of not more than twenty percent (20%) in the permitted
distances between detached accessory structures and main structures.
(d) A decrease in the number of required off-street parking spaces for
nonresidential land uses up to a maximum of twenty percent (20%).
(e) A decrease of not more than twenty percent (20%) in the required setbacks
for buildings, landscaping, swimming pools, spas and equipment.
(3) Conditional use permits when required by the City Code:
(a) Dish antennas.
(b) Bulk vending machines.
(c) Large collection facilities.
(d) On-premises dry cleaning.
(e) Minor CUPs for existing development where there would be no change of
occupancy or primary use, there would be no expansion of floor area, and the
request would not alter the original intent of the project or site.
(f) On-site alcoholic beverage sales license for restaurants.
(g) Secondhand sales when pawning is not included.
(h) Development or construction of new buildings in the Commercial General
(CG) or Industrial (M) Districts where more than fifty percent (50%) of the total
area, or any portion of the ground floor, is designated for occupancy by
professional or general offices.
(i) Accessory buildings used as guest rooms.
Q) Temporary uses for a period of up to six (6) months.
(k) Professional and general offices fronting onto Main Street and EI Camino
Real and located within the Old Town Commercial General land use designation.
(Ord. No. 1317, Sec. II, 9-18-06)
(4) Specified development applications:
(a) Soil remediation activities, subject to the same findings as required for a
conditional use permit.
(b) Time extensions of not more than twelve (12) months from the original
expiration date for minor adjustments, conditional use permits, variances, design
reviews, subdivisions and other development applications, subject to the same
noticing requirements that were given at the time the project was originally
approved.
(c) Except where design review is required by the planning commission
pursuant to an adopted specific plan, (a) design review applications within
redevelopment project areas; (b) minor design reviews within redevelopment
project areas which include modifications to existing structures and/or existing
facade or site modifications which constitute a change in three (3) or less major
design elements which do not result in a completed facade upgrade; (c) single-
family homes not part of a subdivision, (d) residential room additions and (e) new
or modified accessory structures associated with existing development.
(d) Amendment to conditions of approval established by planning commission
or city council. Condition amendments that are determined by the Community
Development Director to be minor in nature and will not alter the original intent of
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the project or site. Examples would include changes to exterior materials, colors,
elevations, landscaping, walls/fences and hours of operation.
c Application Process
(1) Submittal requirements. Applications for minor adjustments, conditional use permits
or other specified development applications that would be subject to action by the
Zoning Administrator shall be filed with the Community Development Department
pursuant to the department's. current application procedures and fee schedule.
Applications should be accompanied with a written description as to how the applicable
positive findings for the project type applied for identified in subsection (3) below can be
justified. A single application may include more than one (1) request applicable to the
same project. Applications subject to action by the Zoning Administrator shall be
processed and approved, conditionally approved or denied within the time limits
established by state law for actions of development projects.
(2) Public Hearing and Noticing Requirements. Upon determination that an application
is complete, the Community Development Department shall schedule the matter for
consideration by the Zoning Administrator. If a public hearing is required for the type of
application considered, notice of such public hearing shall be given pursuant to
Government Code Section 65091. Minor adjustments shall be considered by the Zoning
Administrator without a public hearing. Additional noticing time as specified in
Government CodeSection 65091 may be required to comply with noticing requirements
of the California Environmental Quality Act. In the event of a conflict between required
noticing times, the longer time shall be given.
(3) Required Findings
(a) Minor adjustments shall be granted only when such adjustments are found
to be in conformance with the General Plan and when, because of special
circumstances applicable to the property, including size, shape, topography, or
surroundings, the strict application of the Zoning Ordinance is found to deprive
the subject property of privileges enjoyed by other properties in the vicinity and
under identical zone classification. Any minor adjustment granted shall be subject
to such conditions as will assure that the adjustment thereby authorized shall not
constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject property is situated.
Minor adjustment to reduce the required amount of parking shall be granted only
when, in addition to the findings above, the following findings can also be made:
(1) The intent of the parking regulations is preserved;
(2) The parking provided will be sufficient to serve the use intended and
potential future uses of the same site; and
(3) The adjusted decrease in the number of parking spaces shall not be
detrimental to the public health, safety or general welfare or materially
injurious to properties located in the general vicinity.
(b) Variances may be granted only when such variances are found to be in
conformance with the General Plan and when because of special circumstances
applicable to the property, including size, shape, topography, or surroundings,
the strict application of the Zoning Code is found to deprive the property of
privileges enjoyed by other properties in the vicinity and under identified zone
classification.
(c) Conditional use permits shall be granted only when such conditional use
permits are found to be in conformance with the General Plan and when the
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establishment, maintenance, or operation of the use applied for will not, under
the circumstances of the particular use, be detrimental to the health, safety,
morals, comfort and general welfare of the persons residing or working in the
neighborhood of such proposed use, or injurious or detrimental to property and
improvements in the neighborhood or the general welfare of the city.
(d) Design review applications may be approved only if such applications are
found to be in conformance with the General Plan and if the location, size,
architectural features and general appearance of the proposed development will
not impair the orderly and harmonious development of the area, the present or
future development therein, the occupancy thereof, or the community as a whole.
In making such findings, the following items shall be considered:
(1) Height, bulk and area of buildings
(2) Setbacks and site planning
(3) Exterior materials and colors
(4) Type and pitch of roofs
(5) Size and spacing of windows, doors and other openings
(6) Towers, chimneys, roof structures, flagpoles, radio and television
antennas
(7) Landscaping, parking area design and traffic circulation
(8) Location, height and standards of exterior illumination
(9) Location and appearance of equipment located outside of an
enclosed structure
(10) Location and method of refuse storage
(11) Physical relationship of proposed structures in the neighborhood
(12) Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood and
public thoroughfares
(13) Proposed signing
(14) Development guidelines and criteria as adopted by the City Council
(4) Zoning Administrator Action. After consideration of the application, and after making
the appropriate findings as required above, the Zoning Administrator shall take action to
approve, approve with conditions or deny the application. Notice of actions taken by the
Zoning Administrator shall be transmitted to the applicant, Planning Commission and
City Council prior to the end of the appeal period and shall be determined to be final
unless appealed pursuant to subsection d below. The Zoning Administrator shall provide
notice to the applicant within two (2) business days following the action.
e Appeal to Planning Commission/Redevelopment Agency
The applicant, or any other interested party, may appeal any action of the Zoning Administrator
with respect to the action, or any condition imposed, to the Planning Commission, or an appeal of a
design review application within a redevelopment project area to the Redevelopment Agency, by filing a
written notice and paying applicable fees, as established by resolution, to the Community Development
Department within seven (7) calendar days of the Zoning Administrator's action. Upon receipt of an
appeal, theCommunity Development Department shall schedule the matter for consideration, giving the
same notice as provided under subsection c.2 above.
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After consideration of the appeal, the Planning Commission or Redevelopment Agency shall
take action to approve, approve with conditions or deny the application. The Planning Commission or
Redevelopment Agency may uphold, modify or overrule all or parts of the Zoning Administrator's action.
Actions of the Planning Commission or Redevelopment Agency on minor adjustments, conditional use
permits and other specified development applications shall be supported with the findings required by
subsection c.3 above.
f Appeal to City Council
The applicant, or any other interested party, may appeal any action of the Planning Commission
with respect to the action, or any condition imposed, to the City Council by filing a written notice and
paying applicable fees, as established by resolution, to the Community Development Department within
seven (7) calendar days of the Planning Commission's action. Upon receipt of an appeal, the
Community Development Department shall schedule the matter for consideration, giving the same
notice as provided undersubsection c.2 above.
After consideration of the appeal, the City Council shall take final action to approve, approve
with conditions or deny the application. The City Council may uphold, modify or overrule all or parts of
the Planning Commission's action. Actions of the City Council on minor adjustments, conditional use
permits and other specified development applications shall be supported with the findings required by
subsection c.3 above. (Ord. No. 552; Ord. No. 1116, Sec. 1, 5-16-94; Ord. No. 1157, Sec. 1, 12-4-95)
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