The URL can be used to link to this page

Home My WebLink About03 CODE AMENDMENT 11-002Agenda Item ~ Reviewed: AGENDA REPORT City Manager Finance Director ~~ ~- --~-, MEETING DATE: NOVEMBER 1, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 11-002 (ORDINANCE NO. 1397), CLARIFYING THE MEANING OF LEGAL NONCONFORMING USES AND STRUCTURES IN THE CITY OF TUSTIN SUMMARY: At the request of the City Council, staff prepared Ordinance No. 1397 to provide clarity, provide consistency and reduce any ambiguity related to any nonconforming structures, uses and lots in the City. The Tustin City Council requested that the Planning Commission consider verbatim City Council minutes of March 15, 2011 and Ordinance No. 1397, and provide a recommendation on the proposed ordinance to the Tustin City Council. Between September 13 and October 11, 2011, the Tustin Planning Commission held a workshop and two public hearings on the matter. On October 11, 2011, the Tustin Planning Commission adopted Resolution No. 4183 recommending that the Tustin City Council adopt Ordinance No. 1397, as amended. RECOMMENDATION: That the Tustin City Council: 1. Adopt Resolution No. 11-77 finding that the Negative Declaration prepared for Code Amendment (CA) 11-002 (Ordinance No. 1397, as amended) is adequate; and, 2. Introduce and have first reading of Ordinance No. 1397, as amended, approving CA 11-002 to provide clarity, consistency, and reduce ambiguity related to nonconforming uses and structures in the City of Tustin. FISCAL IMPACT: Ordinance No. 1397 is aCity-initiated project. There are no direct fiscal impacts anticipated as a result of adopting this ordinance. BACKGROUND On December 14, 2010, the Tustin Planning Commission considered an appeal of a Community Development Department code enforcement action involving potentially illegal alterations and additions to a single family residentially zoned property. The matter was appealed and heard by the Tustin City Council on March 1, 2011. City Council deliberations at that time focused largely upon understanding and interpreting Tustin City Code Section 9273, the City of Tustin's regulations for nonconforming structures and CA 11-002 (Ordinance No. 1397) November 1, 2011 Page 2 uses. At the conclusion of the matter, the City Council directed staff to draft a code amendment to provide clarity, provide consistency, and reduce ambiguity of the term "nonconforming" throughout the Tustin City Code (TCC). As directed, Draft Ordinance No. 1397 was presented to the City Council on March 15, 2011 (Agenda Item No. 17). Pursuant to TCC Section 9295c, an amendment of the Zoning Code may be initiated by the City Council filing a resolution with the Planning Commission of the intention thereof. On March 15, the City Council passed Resolution No. 11-19 by a vote of 5-0, and directed that the Planning Commission receive and consider Draft Ordinance No. 1397, and a verbatim transcript of the City Council's deliberations on Draft Ordinance No. 1397 (Agenda Item #17) so that the Commission would be aware of the City Council's concerns, and provide a recommendation on the proposed ordinance to the Tustin City Council. As amended, Ordinance No. 1397 proposes: - Clarifying language wherever the term "nonconforming" is used in the Tustin City Code, including a new definition and clarifying that illegal structures or uses are deemed public nuisances (Article 1 -Administration and Article 9 -Land Use); - Clarifying that only lawfully established sexually oriented businesses are considered legal nonconforming (Article 3 -Business Regulations); - Clarifying that only lawfully established newsracks are considered legal (Article 7 - Public Facilities); and, - Clarifying that only lawfully established structures, uses, lots, wireless facilities, and signs are considered legal nonconforming (Article 9 -Land Use). On September 13, 2011, the Tustin Planning Commission conducted a Workshop on the intent and practice of California Land Use and Planning Law governing nonconforming structures, uses, and lots. In addition, the Planning Commission was provided a copy of the verbatim minutes from the City Council's March 15, 2011 meeting as well as a copy of City Council Resolution No. 11-19 directing the Planning Commission to consider Draft Ordinance No. 1397. Six members of the public spoke during the workshop. A copy of the approved meeting minutes, staff report and PowerPoint presentation for the September 13, 2011 Planning Commission meeting is provided as Attachment C. On September 27, 2011, the Planning Commission held a public hearing on proposed Code Amendment 11-002 and considered proposed Ordinance No. 1397. Five members of the public spoke during the hearing. At that time, the Planning Commission continued the public hearing and requested that staff address concerns brought up by the Planning Commission and the public. A copy of the approved meeting minutes, staff report and PowerPoint presentation for the September 27, 2011 Planning Commission meeting is provided as Attachment D. On October 11, 2011, the Planning Commission held the continued public hearing on proposed Code Amendment 11-002 and considered proposed Ordinance No. 1397. Five members of the public spoke at that time. The Planning Commission voted 5-0 to adopt Resolution No. 4183 recommending that the Tustin City Council find that the Negative Declaration prepared for Code Amendment (CA) 11-002 (Ordinance No. 1397, as amended) is adequate; and, adopt Ordinance No. 1397, as amended, approving CA 11-002 to provide clarity, consistency, and reduce ambiguity related to nonconforming uses and structures in the City of Tustin. A copy of Resolution No. 4183, draft meeting minutes, staff report and PowerPoint presentation for the October 11, 2011 Planning Commission meeting is provided as Attachment E. Correspondence received prior to or during the public hearing process are provided as Attachment F. CA 11-002 (Ordinance No. 1397) November 1, 2011 Page 3 Staff also prepared a standalone document entitled Nonconforming Structures, Uses and Lots: A Discussion of the Intent, Application, and Practice of California Land Use and Planning Law Governing Nonconforming Structures, Uses and Lots that was provided to the Tustin Planning Commission on September 13, 2011. The document provides clarity regarding the application of nonconforming provisions and court precedence in California and is provided to the Tustin City Council as Attachment G. ENVIRONMENTAL ANALYSIS Code Amendment 11-002 (Ordinance No. 1397) is considered a "project" by the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et. seq.). City staff prepared an Initial Study for Code Amendment 11-002 (Draft Ordinance No. 1397) that determined that the proposed project could not have a significant effect on the environment, and a Negative Declaration (ND) will be prepared. A Notice of Intent to Adopt a Negative Declaration was published and the draft Negative Declaration and Initial Study were made available fora 20-day public review and comment period from September 1, 2011 to September 21, 2011, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. Correspondence received prior to or during the public hearing process are provided as Attachment F. The City Council should consider the Initial Study and the Negative Declaration prior to taking action on Resolution No. 11-77 for CA 11-002 (Ordinance No. 1397). PUBLIC NOTICE, CHAMBER OF COMMERCE, TUSTIN PRESERVATION CONSERVANCY REVIEW A public notice was published in the Tustin News on October 20, 2011, informing the public of proposed Code Amendment 11-002 (Draft Ordinance No. 1397). A copy of the staff report and proposed Ordinance No. 1397 were also forwarded to the Chamber of Commerce and Tustin Preservation Conservancy prior to the Planning Commission's hearings on the matter. °`~-b- ~ ~ ~u~ Dana L. Ogdon, AIC Assistant Director ~f ~ - ~ ~ ~~ 1~~~ Elizabeth A. Binsack Director of Community Development S:\Cdd\ccreport\.Ordinance No 1397 (Nonconforming).doc Attachments: A. Resolution No. 11-77 finding that the Negative Declaration prepared for Code Amendment (CA) 11-002 (Ordinance No. 1397, as amended) is adequate. B. Ordinance No. 1397, as amended, approving CA 11-002. C. Approved meeting minutes, staff report and PowerPoint presentation for the September 13, 2011 Planning Commission workshop. D. Approved meeting minutes, staff report and PowerPoint presentation for the September 27, 2011 Planning Commission meeting. E. Planning Commission Resolution No. 4183, draft meeting minutes, staff report and PowerPoint presentation for the October 11, 2011 Planning Commission meeting. F. Correspondence received prior to or during the public hearing process. G. Document entitled Nonconforming Structures, Uses and Lots: A Discussion of the Intent, Application, and Practice of California Land Use and Planning Law Governing Nonconforming srn~cru~es, Uses and Lots.