HomeMy WebLinkAbout20 ZONING ADMIN. 05-16-94AGENDA ....
NO. 20
~ .~5;;,16-94
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Inter-COm
ATE: MAY 16, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLSRK'
ORDINi%NCE NO. 1116 - ZONING ADHINISTRATOR
RECOMMENDATION:
Have second reading'by title only and adoption of Ordinance No. 1116
(roll calI vote).
BACKGROUND:
The following Ordinance No.'~1116 had first reading by-title pnly and
introduction at the May 2, 1994 City Council-meeting:
ORDINANCE NO. 1116 -AN ORDINANCE OF THE CITY COUNCIL OF THE ~ITY.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
_.
Valerie Whiteman
Chief Deputy city Clerk
1 ORDINANCE NO. 1116
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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.
Be
It has been determined that there is a need to improve
processing efficiency for certain routine minor variations and
administrat.ive actions.
Ce
De
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
wi:l 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repealed in its entirety and a new Section 9299 et.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 re.ad 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 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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Ordinance No. 1116
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 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.
d)
An increase of not more than 20% in the maximum
permitted height of a fence or wall% .... subject to
city approved structural design. ~ .....
An increase of no~ more than 10% of the permitted
projection of steps, stairways, landings,' eaves,
cornices, '~canopies, overhangs, masonry chimneys,
raised porches and fireplaces"'into any ~r~qUired
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%.
g)
A decrease of not more than 10% in the permitted
distances between detached accessory structures and
main structures.
2. 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.
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Ordinance No. 1116
Page 3
Ce
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.
3. 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 originallyapproved.
c) Design Review applications within RedeVelopment
Project Areas, except where Design Review is
'- required by~ the Planning C0mmissi~n pursuant to an
. adopted Specific Plan. .~-
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Application Process ~.. .'~ .,.
1. Submittal~'i'ReqUirements - Applications for Minor
Adjustments, Conditional Use Permits 'or 'other ~p~cified
development applications that would-besubject 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 fo~~ actions of development
projects.
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Ordinance No. 1116
Page 4
·
.3.
Public Hearinq and Noticinq Requirements - Upon
determination of a complete application, the Community
Development Department shall schedule the matter for
consideration bythe 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.
Required Findings
(a) Minor Adjustments shall be granted only when such
adjustments are found to bein conformance with the
General Plan and when, because of special
circumstances applicable tot he property,, including
size,'.~.shape, topography, or surroundings, the
strict applicatiOn'of the Zoning Ordinance is found
to deprive they'.subject property of privileges
enjoyed by-other properties in the vicinity and
under identical zone classification. A~_.y Minor
Adjustment granted shalI 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 t~ 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)
2)
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
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Ordinance No. 1116
Page 5
be
Co
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 improvements in the
neighborhood or the general welfare of the City.
Design Review Applications shall be approved if
such applications are found to be in conformance
with/the General Plan and if the location, size,
~architeCtur~l ~features an~ general appearance of
the proposed~ development will not impair the
orderly and harmonious development of the area, the
present.or future development ~-thereih, the
occupancy thereof, or the community as a whole. 'Tin
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
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Ordinance No. 1116
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d.
12) Appearance and design relationship of proposed
structures to existing structures and possible
future structures in the neighborhoo'd and
public thoroughfares
13) Proposed signing
14) Development guideline and criteria as adopted
by the City Council
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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. 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 Review 'application within a Redevelopment
Project Area tot he Redevelopment Agency, by filing a'written
notice and paying'~ applicable fees,, as established
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.
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Ordinance No. 1116
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e. 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 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 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 iSubsectiOn,,c3,, above.
._
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PASSED ANDADOPTED at a regular meeting of the City Council of the
City of Tustin held on the.~ -!day of May, 1994.
THOMAS R. SALTARELLI
Mayor
MARY WYNN
City Clerk