HomeMy WebLinkAboutPC RES 34021 RESOLUTION NO. 3402
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF CODE AMENDMENT 95-004 AMENDING SPECIFIC
SECTIONS OF THE TUSTIN CITY CODE RELATED TO OFFICE OF
ZONING ADMINISTRATOR
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5 The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission finds and determines as follows:
The Tustin City Code was amended in 1972 to establish the
Office of a Zoning Administrator who would have certain
authority to grant minor adjustments to standards of
development, as well as certain specified conditional use
permits and development applications.
It has been determined that there is a need to improve
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processing efficiency for certain routine minor '
variations and administrative actions.
C .
The amendment will not have an adverse affect on the
public health, safety or welfare on residents or
businesses of the city.
The amendment is consistent with the General Plan in that
it will not negatively impact the orderly growth and
development of the City.
II. The Planning Commission hereby recommends to the City Council
17 approval of Code Amendment 95-004, amending specific sections
of the Tustin City Code related to the Office of Zoning
18 Administrator as shown and attached hereto as Exhibit A.
19 PASSED AND ADOPTED by the Planning Commission of the City of Tustin
at a regular meeting held on the 23rd day of October, 1995.
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25 BARBARA REY
Recording Secretary
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Chairper~6n
Resolution No. 34 02
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, BARBARA REYES, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3402 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission,
held on the 23rd day of October, 1995.
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RESOLUTION NO. 3402
EXHIBIT A
DRAFT ORDINANCE
ORDINANCE NO. 1157
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF TUSTIN,
CALIFORNIA, AMENDING SECTION 9299, A PORTION OF CHAPTER
2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO THE
OFFICE OF THE ZONING ADMINISTRATOR
The City Council of the City of Tustin finds and determines as
follows:
A,
The Tustin City Code was amended in 1972 to establish the
Office of a Zoning Administrator who would have certain
authority to grant minor adjustments to standards of
development, as well as certain specified conditional use
permits and development applications.
m ~
It has been determined that there is a need to improve
processing efficiency for certain routine minor variations and
administrative actions.
C,
The amendment will not have an adverse affect on the public
health, safety or welfare on residents or businesses of the
city.
D ,
The amendment is consistent with the General Plan in that it
will not negatively impact the orderly growth and development
of the City.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
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Section 1. Section 9299, et. seq., of Article 9, Chapter 2, Part
9 of the Tustin City Code entitled Zoning Administrator is hereby
repealed in its entirety and a new Section 9299 et. seq., entitled
Zoning Administrator, is added to read as follows:
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 th~ 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
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Resolution No. 3402
Exhibit A
Draft Ordinance
Page 2
Zoning Administrator reserves the right to forward any matter
listed below to the Planning Commission for consideration and
action. Requests for Minor Adjustments and 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 5% of the required
building site area.
b)
A decrease of not more than 10% of a required
building or landscaping setback.
c)
An increase of not more than 20% in the maximum
permitted height of a fence or 'wall, subject to
city approved structural design.
d)
An increase of not more than 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)
f)
An increase of not more than 10% in the maximum
permitted building height.
A decrease in'the number of required off-street
parking spaces for non-residential land uses up to
a maximum of 10%.
g)
A decrease of not more than 10% in the permitted
distances between detached accessory structures and
main structures.
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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Resolution No. 3402
Exhibit A
Draft Ordinance
Page 3
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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 non-residential 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.
Conditional Use Permits when required by the City Code:
a) Dish antennas.
b) Bulk vending machines.
c) Large collection facilities.
d) On-Premise 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 licenses 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 (50) percent '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.
j)
Temporary Uses for a period of up to six (6)
months.
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 12 months from the
original expiration date for Minor Adjustments,
Conditional Use Permits, Variances, Design Reviews,
subdivisions and other development applications,
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Resolution No. 3402
E>[hibit A
Draft Ordinance
Page 4
subject to the same noticing requirements that were
given at the time the project was originally
approved.
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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 the project or
site. Examples would include changes to exterior
materials, colors, elevations, landscaping,
walls/fences and hours of operation.
Application Process
Submittal Reauirements - 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 by 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 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.
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Public Hearinq and Noticinq 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
Resolution No. 34 02
Exhibit A
1 Draft Ordinance
Page 5
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7 3.
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1)
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Adjustments shall be considered by the Zoning
Administrator without a public hearing. Additional
noticing time as specified in Government Code Section
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.
Reauired Findinqs
(a) Minor Adjustments may 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:
The intent of the parking regulations is
preserved;
The parking provided will be sufficient to
serve the use intended and potential future
uses of the same site; and
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.
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 app%ication
of the Zoning Code is found to deprive the property
of privileges enjoyed by other properties in the
vicinity and under identified zone classification.
Resolution No. 3402
Exhibit A
1 Draft Ordinance
Page 6
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3 c.
Conditional Use Permits may be granted only when
such conditional use permits are found to be in
conformance with the General Plan and when the
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.
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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)
2)
3)
4)
5)
6)
7)
s)
9)
Height, bulk and area of buildings
Setbacks and site planning
Exterior materials and colors
Type and pitch of roofs
Size and spacing of windows, doors and other
openings
Towers, chimneys, roof structures, flagpoles,
radio and television antennae
Landscaping, parking area design and traffic
circulation
Location, height and standards of exterior
illumination
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 guideline and criteria as adopted
by the City Council
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Zonina 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,
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Resolution No. 3402
Exhibit A
Draft Ordinance
Page 7
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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 business days following the action.
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, the Community Development
Department shall schedule the matter for consideration, giving
the same notice as provided under Subsection "c2" above.
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 Administrators'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 "c3" above.
Appeal to City Council
The applicant, or any other ~nterested 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 under Subsection "c2" 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 "c3" above.
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Resolution No. 3402
Exhibit A
I Draft Ordinance
Page 8
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PASSED AND ADOPTED at a regular meeting of the City Council of the
4 City of Tustin held on the day of , 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1157
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. 1157 was
duly and regularly introduced, passed and adopted at a regular
meeting of the City Council held on the day of __, 1995, by
the following vote:
C~UNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk