HomeMy WebLinkAboutORD 1116 (1994) CORRECTED ORDINANCE NO. 1116
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1 ORDINANCE NO. 1116
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
3 CALIFORNIA, AMENDING SECTION 9299, A PORTION OF CHAPTER
2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO THE
4 OFFICE OF THE ZONING ADMINISTRATOR
5 The City Council of the City of Tustin finds and determines as
follows:
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A. The Tustin City Code was amended in 1972 to establish the
7 Office of a Zoning Administrator whoI would have certain
authority to grant minor adjustments to standards of
8 development, as well as certain specified conditional use
permits and development applications.
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B. It has been determined that there is a need to improve
10 processing efficiency for certain routine minor variations and
administrative actions.
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C. The amendment will not have an adverse affect on the public
12 health, safety or welfare on residents or businesses of the
city.
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D. The amendment is consistent with the'General Plan in that it
14 will not negatively impact the orderly growth and development
of the City.
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NOW, THEREFORE, the City Council of the City of Tustin DOES
16 HEREBY ORDAIN as follows:
17 Section 1. Section 9299, et. seq., of Article 9, Chapter 2, Part
9 of the Tustin City Code entitled Zoning Administrator is hereby
18 repealed in its entirety and a new Section 9299 et. seq., entitled
Zoning Administrator, is added to read as follows:
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9299 ZONING ADMINISTRATOR
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a. Office Created
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An Office of the Zoning Administrator is hereby created
22 pursuant to Section 65900 et. seq., of the California
Government Code.
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b. Duties
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The Community Development Director, or his/her designee,
25 acting as the zoning Administrator, shall have dual
responsibility with that of the Planning Commission to hear
26 and decide in accordance with Council Policy and provisions of
this Chapter, and has the authority to approve, conditionally
27 approve or deny the following requests when such requests
constitute a reasonable use of property not permissible under
28 a strict literal interpretation of the regulations. The
Ordinance No. 1116
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Zoning Administrator reserves the right to forward any matter
3 listed below to the Planning Commission for consideration and
action. Requests for Minor Adjustments in excess of the
4 limitations prescribed in this subsection, or those
development standards not specifically listed in this
5 subsection, shall be subject to the approval of a Variance by
the Planning Commission. Requests for Conditional Use Permits
6 or other specified development applications not specifically
listed in this subsection shall be subject to the approval of
7 a Conditional Use Permit or other discretionary review by the
Planning Commissionor other reviewing body as applicable.
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1. Minor Adjustments:
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a) A decrease of not more than 5% of the required
10 building site area.
11 ~ b) A decrease of not more than 10% of a required
building or landscaping setback.
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c) An increase of not more than 20% in the maximum
13 permitted height of a fence or wall, subject to
city approved structural design.
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d) An increase of not more than 10% of the permitted
15 projection of steps, stairways, landings, eaves,
cornices, canopies, overhangs, masonry chimneys,
16 raised porches and fireplaces into any required
building setback.
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e) An increase of not more than 10% in the maximum
18 permitted building height.
19 f) A decrease in the number of required off-street
parking spaces for non-residential land uses up to
20 a maximum of 10%.
21 g) A decrease of not more than 10% in the permitted
distances between detached accessory structures and
22 main structures.
23 2. Conditional Use Permits when required by the City Code:
24 a) Dish antennas.
25 b) Bulk vending machines.
26 c) Large collection facilities.
27 d) On-Premise Dry Cleaning.
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Ordinance No. 1116
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e) Minor CUPs for existing development where there
3 would be no change of occupancy or primary use,
there would be no expansion of floor area, and the
4 request would not alter the original intent of the
project or site.
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3. Specified Development Applications:
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a) Soil remediation activities, subject to the same
7 findings as required for a Conditional Use Permit.
8 b) Time extensions of not more than 12 months from the
original expiration date for Minor Adjustments,
9 Conditional Use Permits, Variances, Design Reviews,
subdivisions and other development applications,
10 subject to the same noticing requirements that was
given at the time the project was originally
11 approved.'
12 c) Design Review applications Within Redevelopment
Project Areas, except where Design Review is
13 required by the Planning Commission pursuant to an
adopted Specific Plan.
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c. Application Process
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1. Submittal Requirements - Applications for Minor
16 Adjustments, Conditional Use Permits or other specified
development applications that wouldbe subject to action
17 by the Zoning Administrator shall be filed with the
Community Development Department pursuant to the
18 Department's current application procedures and fee
schedule. Applications should be accompanied with a
19 written description as to how the applicable positive
findings for the project type applied for identified in
20 Subsection 3 below can be justified. A single
application may include more than one request applicable
21 to thelsame project. Applications subject to action by
the Zoning Administrator shall be processed and approved,
22 conditionally approved or denied within the time limits
established by state law for actions of development
23 projects.
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Ordinance No. 1116
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3 2. Public Hearinq and Noticing Requirement~ . Upon
determination of a complete application, the Community
4 Development Department shall schedule the matter for
consideration by the Zoning Administrator. If a public
5 hearing is required for the type of application
considered, notice of such public hearing shall be given
6 pursuant to Government Code S~ction 65091. Minor
Adjustments shall be considered by the Zoning
7 Administrator without a public hearing. Additional
noticing time as specified in Government Code Section
8 65091 may be required to comply with noticing
requirements of the California Environmental Quality Act.
9 In the event of a conflict between required noticing
times, the longer time shall be given.
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~3. Required Findings
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(a) Minor Adjustments shall be granted only when such
12 adjustments are found to be in conformance with the
General Plan and when, because of special
13 circumstances applicable to the property,. including
size, shape, topography, or surroundings, the
14 strict application of the Zoning Ordinance is found
to deprive the subject property of privileges
15 enjoyed by' other properties in the vicinity and
under identical zone classification. Any Minor
16 Adjustment granted shall be subject to such
conditions as will assure that the adjustment
17 thereby authorized shall not constitute a grant of
special privilege inconsistent with the limitations
18 upon other properties in the vicinity and district
in which the subject property is situated..
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Minor Adjustment to reduce the required amount of
20 parking shall be granted only when, in addition to
the findings above, the following findings can also
21 be made:
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1) The intent of the parking regulations is
23 preserved;
24 2) The parking provided will be sufficient to
serve the use intended and potential future
25 uses of the same site; and
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Ordinance No. 1116
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3 3) The adjusted decrease in the number of parking
spaces shall not be detrimental to the public
4 health, safety or general welfare or
materially injurious to properties located in
5 the general vicinity.
6 b. Conditional Use Permits shail be granted only when
such conditional use permits are found to be in
7 conformance with the General Plan and when the
establishment, maintenance, or operation of the
8 use applied for will not, under the circumstances
of the particular use, be detrimental to the
9 health, safety, morals, comfort and general welfare
of the persons residing or working in the
10 neighborhood of such proposed use, or injurious or
detrimental to property and improvements in the
11 ~ neighborhood or the general welfare of the City.
12 c. Design Review Applications shall be approved if
such applications are found to be in conformance
13 with the General Plan and if the location, size,
architectural features and general appearance of
14 the proposed development will not impair the
orderly and harmonious development of the area, the
15 present or future development therein, the
occupancy thereof, or the community as a whole. In
16 making such findings, the following items shall be
considered:
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1) Height, bulk and area of buildings
18 2) Setbacks and site planning
3) Exterior materials and colors
19 4) Type and pitch of roofs
5) Size and spacing of widows, doors and other
20 openings
6) Towers, chimneys, roof structures, flagpoles,
21 radio and television antennae
7) Landscaping, parking area design and traffic
22 circulation
8) Location, height and standards of exterior
23 illumination
9) Location and appearance of equipment located
24 outside of an enclosed structure
10) Location and method of refuse storage
25 11) Physical relationship of proposed structures
in the neighborhood
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Ordinance No. 1116
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3 12) Appearance and design relationship of proposed
structures to existing structures and possible
4 future structures in the neighborhood and
public thoroughfares
5 13) Proposed signing
14) Development guideline ~nd criteria as adopted
6 by the City Council
7 4. Zoninq Administrator Action - After consideration of the
application, and after making the appropriate findings as
8 required above, the Zoning Administrator shall take
action to approve, approve with conditions or deny the
9 application. Notice of actions taken by the Zoning
Administrator shall. be transmitted to the applicant,
10 Planning Commission and City Council prior to the end of
the appeal period and shall be determined to be final
11 ~ unless appealed pursuant to Subsection "d" below.
12 d. Appeal to Planning Commission/Redevelopment Agency
13 The applicant, or any other interested party, may appeal any
action of the Zoning Administrator with respect to the action,
14 or any condition imposed, to the Planning Commission, or an
appeal of a Design Review application within a Redevelopment
15 Project Area to the Redevelopment Agency, by filing a written
notice and paying applicable fees, as established by
16 resolution, to the Community Development Department within
seven (7) calendar days of the Zoning Administrator,s action.
17 Upon receipt of an appeal, the Community Development
Department shall schedule the matter for consideration, giving
18 the same notice as provided under Subsection "c2" above.
19 After consideration of the appeal, the Planning Commission or
Redevelopment Agency shall take action to approve, approve
20 with conditions or deny the application. The Planning
Commission or Redevelopment Agency may uphold, modify or
21 overrule all or parts of the Zoning Administrators,s action.
Actions of the Planning Commission or Redevelopment Agency on
22 Minor Adjustments, Conditional Use Permits and other specified
development applications shall be supported with the findings
23 required by Subsection "c3" above.
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Ordinance No. 1116
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3 e. Appeal to City Council
4 The applicant, or any other interested party, may appeal any
action of the Planning Commission or Redevelopment Agency with
5 respect to the action, or any condition imposed, to the City
Council by filing a written notice and paying applicable fees,
6 as established by resolution, to the Community Development
Department within seven (7) calendar days of the Planning
7 Commission's or Redevelopment Agency's action. Upon receipt
of an appeal, the Community Development Department shall
8 schedule the matter for consideration, giving the same notice
as provided under Subsection "c2" above.
9
After consideration of the appeal, the City Council shall take
10 final action to approve, approve with conditions or deny the
application. The City Council may uphold, modify or overrule
11 ~ all or parts of the Planning Commission's or Redevelopment
Agency's action. Actions of the City Council on Minor
12 Adjustments, Conditional Use Permits and other specified
development applications shall be supported with the findings
13 required by Subsection "c3" above.
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PASSED AND ADOPTED at a regular meeting of the City Council of the
15 City of Tustin held on the 16th day of May, 1994.
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17 THOMAS R. S~TARELLI
Mayor
18 ~ ~, l~ ~
City
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1116
Mary E. Wynn, 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
five; that the above and foregoing Ordinance No. 1116 was introduced at
a regular meeting of the City Council held on May 2, 1994 and was
passed and adopted at a regular meeting of the City Council held on
~a~ 16, 1994, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Mary E. ~nn, erk