HomeMy WebLinkAboutPC RES 32471 RESOLUTION NO. 3247
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF CODE AMENDMENT
94-001, 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 Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A®
The Tustin City Code was amended in 1972 to
establish the Office of Zoning Administrator
who would have certain authority to grant
variances to standards of development, as well
as, certain development applications such as
conditional use permits.
Be
It has been determined that there is a need to
improve processing efficiency for certain
routine minor variations and administrative
actions; and
Ce
The amendment will not have an adverse affect
on the public health, safety and welfare on
residents or businesses of the city; and
De
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 approval of Code Amendment 94-001,
amending Section 9299 of the Tustin City Code
related to the Office of the Zoning Administrator,
as identified in Exhibit A attached hereto.
PASSED ANDADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 11th day of
April, 1994.
Chairperson
BARBARA REYE~
Recording Secretary
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Resolution Nc ..... 47
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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. 3247
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the llth day of
April, 1994.
Recording Secretary
EXHIBIT A
ORDINANCE NO. 1116
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:
Ae
B ·
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 processing efficiency for certain routine
minor variations and administrative actions.
Ce
The amendment will not have an adverse affect on
the public health, safety or welfare on residents
or businesses of the city.
De
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:
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 the Zoning Administrator, shall
have dual responsibility with that of the Planning
Ordinance No. 1116
Page 2
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 to forward any matter listed
below to the Planning Commission for consideration
and action. Requests for Minor Adjustments 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)
An increase of not more than 10% in the
maximum permitted building height.
f)
A decrease in the number of required off-
street parking spaces for non-residential
land uses up to a maximum of 10%.
Ordinance No. 1116
Page 3
·
.
g)
A decrease of not more than 10% in the
permitted distances between detached
accessory structures and main structures.
Conditional Use Permits when required by the
City Code:
a)
Dish antennas, except in residential
districts or those located within 300
feet of a residential district.
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.
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 and
other development applications, with the
exception of subdivisions, subject to the
same noticing requirements that was given
at the time the project was originally
approved.
c)
Design Review applications within
Redevelopment Project Areas, except where
Design Review is required by the Planning
Commission pursuant to an adopted
Specific Plan.
Ordinance No. 1116
Page 4
C ·
Application Process
.
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 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.
·
Public Hearinq and Noticinq Requirements -
Upon determination of a complete application,
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 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.
3. Required Findinqs
(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
Ordinance No. 1116
Page 5
be
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.
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 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
Ordinance No. 1116
Page 6
improvements in the neighborhood or the
general welfare of the City·
C ·
Design Review Applications shall be
approved 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 widows, doors
and other openings
6) Towers, chimneys, roof structures,
flagpoles, radio and television
antennae
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 guideline and criteria
as adopted by the City Council
Zoning Administrator Action - After
consideration of the application, and after
Ordinance No. 1116
Page 7
d .
e o
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.
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
RevSew 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.
Act±ons 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 interested party, may
appeal any action of the Planning Commission or
Redevelopment Agency with respect to the action, or
any condition imposed, to the City Council by
fil±ng a written notice and paying applicable fees,
Ordinance No. 1116
Page 8
as established by resolution, to the Community
Development Department within seven (7) calendar
days of the Planning Commission's or Redevelopment
Agency'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 or Redevelopment
Agency'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.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin held on the day of
, 1994.
JIM POTTS
Mayor
MARY WYNN
City Clerk
Ordinance No. 1116
Page 9
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR 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 5; that the above and
foregoing Ordinance No. 1116 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the day of ,
1994, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk