HomeMy WebLinkAboutORD 1366 (2009)ORDINANCE NO. 1366
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING VARIOUS
PROVISONS OF THE TUSTIN CITY CODE, FOR THE
PURPOSE OF CREATING A UNIFORM APPEALS
PROCESS FOR CERTAIN DECISIONS RELATED TO THE
COMMUNITY DEVELOPMENT DEPARTMENT AND
IMPLEMENTING MINOR TEXT AMENDMENTS.
City Attorney Summary
This ordinance creates a uniform appeal process for matters
that are handled by the Community Development
Department, including the provision for de novo appeal
hearings and consistent timeframes and procedures for
notice and decisions. The Ordinance also makes minor non-
substantive changes consistent with current city structure
and organization of administrative services.
The City Council of the City of Tustin ordains:
Section 1. Subsection g of Section 2512 to the Tustin City Code is amended to read:
g Appeal from Decision of the Director
Any person may appeal any decision of the Director in accordance with Section
9294 of this Code.
Section 2. Subsection d of Section 2513 of the Tustin City Code is amended to read:
d Appeal from Denial of Fee--Exempt License
Any person may appeal any decision of the Director in accordance with Section
9294 of this Code.
Section 3. Section 3731 of the Tustin City Code is amended to read:
3731 GENERAL
Any person may appeal any decision of the Director in accordance with Section
9294 of this Code.
Section 4. Section 3924 of the Tustin City Code is amended to read:
3924 APPEAL OF PERMIT DENIAUSUSPENSION/REVOCATION
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Section 7. Section 4415 of the Tustin City Code is amended to read:
4415 PROOF OF NOTICE TO ABATE
Proof of the posting, serving in person or mailing of any notice, order, or
determination provided for in this Chapter, shall be by affidavit of the person performing
the duty and the affidavit must specify the time when the duty was performed. It shall be
the duty of the Director of Community Development to keep such affidavits among the
official records.
Section 8. Section 4416 of the Tustin City Code is amended to read:
4416 APPEAL FROM NOTICE TO ABATE
Within ten (10) calendar days from the date of the notice to abate any person
may appeal the determination of the Director of Community Development in accordance
with Section 9294 of this Code.
Section 9. Section 4417 of the Tustin City Code is amended to read:
4417 REMOVAL BY CITY
Unless the weeds, rubbish or other material have ~ been removed from the
premises in question or from the street, alley, sidewalk or right of way abutting such
premises as directed by written notice, the Director of Community Development
thereupon shall cause the same to be removed and may enter upon private property for
the purpose of so doing.
Section 10. Section 4418 of the Tustin City Code is amended to read:
4418 ASSESSMENT OF COSTS
a Assessment Procedure
The Director of Community Development shall keep or cause to be kept a
permanent record showing the legal description, as shown on the last equalized
assessment roll of the County, of each piece of property or lot from which, or the street,
alley, sidewalk or right of way abutting such property from which, the weeds, rubbish or
other material have been removed under the provisions of this Chapter, and such
record book shall show any and all expense incurred by the City in the removal of the
weeds, rubbish, or other material as such expense relates to each separate property
ownership. Each entry in this record book shall be made upon the completion of work
done on each piece of property or lot, or upon the street, alley, parkway, or sidewalk
abutting thereon. After such entry has been made in the record book, the same shall
constitute an assessment against the parcel of land and thereafter such assessment
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shall be confirmed by motion or resolution of the City Council and the assessment, after
made and confirmed, and upon recordation of such order of the City Council confirming
the assessment in the Office of the County Recorder of the County in which the property
is situated, shall become a lien upon the parcel.
b Assessment Roll
The Director of Community Development Staff shall prepare and file with the
County Assessor a certified copy of the motion or resolution of the City Council. The
County Assessor shall enter each assessment in the county tax roll opposite the parcel
of land. The amount of the assessment shall be collected at the time and in the manner
of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties
and procedure of foreclosure and sale as is provided for ordinary municipal taxes.
c Refund of Erroneous Collection
Any assessment or any portion of an assessment levied pursuant to the
provisions of this Chapter which herefore or hereafter has been paid more than once,
erroneously or illegally collected, paid in excess of the amount chargeable, was not
chargeable to the person or the property paying the same under the provisions of this
Chapter, by reason of a clerical error of the employees or officials of the City, may be
refunded by order of the City Council in the same manner, to the same extent and under
the same conditions as now or hereafter are provided by the City for refund of payments
of general taxes, at any time after the amount of the assessment has been delivered to
the County Assessor and entered upon the assessment books. The owner of any
property assessed who may claim that the assessment is void in whole or in part may
pay the same under protest. Such protest shall be in writing, shall be received by the
City Clerk on or before March first after the tax became due and payable, and shall
specify whether the whole or any part of the assessment is void and the grounds upon
which such claim is founded. Such owner after such payment, may recover the same in
the manner and under the conditions provided in Section 39585 of the State
Government Code.
Section 11. Section 4509 of the Tustin City Code is amended to read:
4509 APPEALS
Any person may appeal any decision of the Director of Community Development
in accordance with Section 9294 of this Code.
Section 12. Sections 4621 through 4624, inclusive, of the Tustin City Code are
repealed.
Section 13. Section 5501 of the Tustin City Code is amended to read:
"Enforcement officer" means the Director of Community Development or any
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other person or City officer or employee as may be designated by the City Manager to
enforce property maintenance, zoning, and other nuisance abatement regulations and
standards of the City violations.
Section 14. Section 5504 of the Tustin City Code is amended to read:
5504 APPEALS
Any person may appeal any decision of the enforcement officer in accordance
with Section 9294 of this Code.
Section 15. Subsection f of Section 7211 of the Tustin City Code is amended to read:
f Appeals
Any person may appeal any decision of the Director in accordance with Section
9294 of this Code.
Section 16. Section 7265 of the Tustin City Code is amended to read:
7265 APPEALS
Any person may appeal any decision of the Director in accordance with Section
9294 of this Code.
Section 17. Paragraph 6 of Subsection C of Section 8915 of the Tustin City Code is
amended to read:
6. Any person may appeal any decision of the Director of Community
Development in accordance with Sections 9294 of this Code.
Section 18. Paragraph 4 of Subsection g of Section 9252 of the Tustin City Code is
amended to read:
4. Any person may appeal any decision of the Director of Community
Development or Planning Commission in accordance with Sections 9294 of this
code (Appeals).
Section 19. Subsection f of Section 9272 of the Tustin City Code is amended to read:
f Appeals
Any person may appeal any decision of the Director of Community Development
in accordance with Section 9294 of this Code.
Section 20. Section 9294 of the Tustin City Code is amended to read:
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9294 APPEALS
a Appeal of Decisions of the Director of Community Development or Zoning
Administrator
Any decision of the Director of Community Development or the Zoning
Administrator may be appealed to the Planning Commission by any person. All appeals
shall be filed with the City Clerk during normal business hours within ten (10) calendar
days of the date of the decision and be accompanied by a deposit or fee as required by
City Council resolution or ordinance. All appeals shall be made in writing and shall
specify the decision appealed from, the specific action or relief sought by the appellant
in the appeal, and reasons why the action taken by the Director of Community
Development or the Zoning Administrator should be modified or reversed. Timely filing
of a written appeal shall automatically stay all actions and put in abeyance all approvals
or permits which may have been granted; and neither the applicant nor any enforcing
agency may rely upon the decision, approval, or denial or other action appealed from,
until the appeal has been resolved. A public hearing date shall be set within 60 calendar
days of filing of the appeal for Planning Commission consideration of the matter. The
hearing shall be de novo and the Planning Commission may approve, approve with
conditions, or disapprove the matter in accordance with this Code or remand the matter
to the Director of Community Development or the Zoning Administrator for further
proceedings in accordance with directions of the Planning Commission.
b Appeal of Planning Commission
Any decision of the Planning Commission may be appealed to the City Council
by any person. All appeals shall be filed with the City Clerk during normal business
hours within ten (10) calendar days of the date of the decision and accompanied by a
deposit or fee as required by City Council resolution or ordinance. All appeals shall be
made in writing and shall specify the decision appealed from, the specific action or relief
sought by the appellant in the appeal, and reasons why the action taken by the Planning
Commission should be modified or reversed. Timely filing of a written appeal shall
automatically stay all actions and put in abeyance all approvals or permits which may
have been granted; and neither the applicant nor any enforcing agency may rely upon
the decision, approval, or denial or other action appealed from, until the appeal has
been resolved. A public hearing date shall be set within 60 calendar days of filing of the
appeal for City Council consideration of the matter. The hearing shall be de novo and
the City Council may approve, approve with conditions, or disapprove the matter in
accordance with this Code or remand the matter to the Planning Commission for further
proceedings in accordance with directions of the City Council. A decision of the City
Council on such appeal shall be final.
c Request for Hearing by a Member of the City Council
In lieu of the provisions of Subsection b of this Section, any decision of the
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Planning Commission may be set for public hearing at the request of a member of the
City Council. A Request for Hearing shall be filed with the City Clerk during normal
business hours within ten (10) calendar days of the date of the decision. The Request
for Hearing shall be made in writing and shall specify the affected decision and the
reason for the Request for a Hearing. Timely filing of a Request for Hearing shall
automatically stay all actions and put in abeyance all approvals or permits which may
have been granted; and neither the applicant nor any enforcing agency may rely upon
the decision, approval, or denial or other action appealed from, until the hearing has
been conducted and the City Council takes action on the matter. The City Clerk shall set
a public hearing date within 60 calendar days of filing of the Request for Hearing.
The hearing shall be de novo and the City Council may approve, approve with
conditions, or disapprove the matter in accordance with this Code or remand the matter
to the Planning Commission for further proceedings in accordance with directions of the
City Council. A decision of the City Council at the conclusion of hearing pursuant to this
Subsection shall be final.
Section 21. Subsection b of Section 9298 of the Tustin City Code is amended to read:
b Criteria for Determination
Whenever the Director of Community Development or Planning Commission of
the City of Tustin is called upon to determine whether or not the use of land or any
structure in any district is similar in character to the particular uses allowed in the
district, the Director or Commission shall consider the following factors as criteria for
their determination:
(1) Effect upon the public health, safety and general welfare of the neighborhood
involved and the City at large.
(2) Effect upon traffic conditions.
(3) Effect upon the orderly development of the area in question and the City at large, in
regard to the general planning of the whole community.
Section 22. Subsection c of Section 9298 of the Tustin City Code is amended to read:
c Responsibility of Enforcement
It shall be the duty of the Director of Community Development or designee to
enforce the provisions of this Chapter pertaining to the use of land or buildings in the
erection, construction, reconstruction, moving, alteration, or addition to any buildings or
structures. Any permit or license of any type issued by any department or officer of the
City of Tustin issued in conflict with the provisions of this Chapter is hereby declared to
be null and void.
Section 23. Subsection a of Section 9298 of the Tustin City Code is amended to read:
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e Appeals
Any person may appeal any decision of the Director of Community Development
in accordance with Section 9294 of this Code.
Section 24. Paragraph (4) of Subsection c of Section 9299 of the Tustin City Code is
amended to read:
(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. The
decision of the Zoning Administrator shall 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.
Section 25. Subsection d is added to Section 9299 of the Tustin City Code to read:
d Appeals
Any person may appeal any decision of the Zoning Administrator in accordance
with Section 9294 of this Code.
Section 26. Subsection a of Section 9299 is repealed.
Section 27. Subsection f of Section 9299 is repealed.
Section 28. Subsection f of Section 9405 of the Tustin City Code is amended to read:
f. Appeals
Any person may appeal any decision of the Director of Community Development
or Planning Commission in accordance with Section 9294 of this Code.
Section 29. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held 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 any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 30. This Ordinance shall become effective at 12:01 am on the thirty-first day
after passage.
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PASSED AND ADOPTED by the City Council
meeting on the 17t" day of November, 2009.
ATTEST:
Pa ela S oker, Cit k
APPROVED AS TO FORM:
Douglas Holland, City Atto ey
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1366
lar
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 five (5); that the above and foregoing Ordinance No.
1366 was duly and regularly introduced and adopted at a regular meeting of the City
Council held on the 17~ day of November, 2009 by the following vote:
COUNCILMEMBER AYES: Davert Amante Nielsen Palmer (4)
COUNCILMEMBER NOES: Gaveilo (1)
COUNCILMEMBER ABSTAINED: None (~)
COUNCILMEMBER ABSENT: None (~)
PAMELA ST KER
CITY CLERK
Published:
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