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HomeMy WebLinkAbout03 CODE AMEND 94-001 05-02-94.qGEND A NO. 3 5-2-94 -- 'TE: I~Y 2· 1994 Inter-Com TO: WTLLI'iqM A. HUSTON, CTTY MJ~AGER FROM: COMMUNTTY DEVELOPMENT DEPARTMENT SUBJECT: CODE ~Q~ENDMENT 94-001, OFFI'CE OF THE ~.ONTNG ADMTNTSTR~TOR RECOI~ENDATTON It is recommended that the City Council take the following actions: lo Approve ~he Environmental Determination for the project by adopting Resolution No. 94-46; and · Have first reading by title only and introduction of Ordinance No.ll16 approving Code Amendment 94-001, as submitted or revised. FISCAL IMPACT There are no fiscal impacts to the City associated with this project. The proposed Ordinance is intended to establish administrative procedures which will improve the efficiency of Department operations. BACKGROUND At the June 21, 1993 City Council meeting, Councilman Potts directed staff to investigate the possible utilization of a Zoning Administrator. A Zoning Administrator or officer is an administrative officer or staff member within the City who would have the designated authority to administer portions of the Zoning Ordinance and to issue certain discretionary permits (i.e. variances and conditional use permits, etc.). Over the past several months (June 28, 1993, October 25, 1993 and February 28, 1994), the Planning Commission has provided specific direction to staff on the formation of the proposed Ordinance. A survey of 15 Cities was conducted to determine how other Cities utilize a Zoning Administrator. The results of that survey were presented to the Planning Commission indicating that eight of the 15 Cities surveyed had provisions for a Zoning Administrator in some form. On April 11, 1994, the Planning Commission adopted Resolution No. 3247 recommending to the City Council approval of Code Amendment 94-001. City Council Report Code Amendment 94-001 May 2, 1994 Page 2 The proposed Ordinance includes the total replacement of City Code Section 9299, entitled Zoning Administrator. The proposed Ordinance establishes the types of Minor Adjustments, Conditional Use Permits and Specified Development Applications that would be considered, by the Zoning Administrator, as well as, the review and appeal procedures that would be followed. Previous comments of the Planning Commission have been included in the proposed Ordinance. Following the Planning Commission's workshop on this item at their February 28, 1994 meeting, Mayor Saltarelli commented at the March 7, 1994 City Council meeting that the Ordinance should include objective standards that the Zoning Administrator would use is taking action on projects. The proposed Ordinance has been modified to specifically identify the required findings that must be made in the Zoning Administrator's action for each application type. Many of these findings correspond to required findings in state law for items such as variances. To accommodate these changes, Subsection "c" entitled Applications, and Subsection "d" entitled Zoning Administrator Actions have been consolidated into a new Subsection "c" entitled Application Process. Subsection "c" includes provisions related to application submittal requirements, public hearing and noticing requirements, required findings and Zoning Administrator actions. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin News and posted at the Tustin City Hall and Police Department. Since this project effects over 1,000 parcels, notices were not required to be mailed to property owners within 300 feet of the project site. DISCUSSION Pursuant to Section 65900 et. seq. of the California Government Code, the legislative body of a City may, by ordinance, create a Board of Zoning Adjustment, or the Office of Zoning Administrator or both (Attachment A). The Board of Zoning Adjustment or Zoning Administrator may hear and decide application for conditional use permits, variances and other permits as a local ordinance may define. In addition, a local ordinance may also allow the Board of Zoning Adjustment or Zoning Administrator to decide variances without a public hearing. However, the ordinance must specify the type of variances which may be granted by the Board or Administrator and the extent of variation that the Board or Administrator may allow. City Council Report Code Amendment 94-001 May 2, 1994 Page 3 In 1972, the City of Tustin adopted Tustin City Code Section 9299 establishing the Office of a Zoning Administrator with the Community Development Director assigned the responsibility to act as the Zoning Administrator (Attachment B). Apparently, however, in the early 1980's, the City Council instructed staff not to utilize the authority granted in Tustin City Code, Section 9299 due to a significant controversy over a development project in the Old Town area. The proposed Ordinance would be a complete replacement of City Code Section 9299. Subsection "b" would designate the Director of Community Development, or his/her designee, as the Zoning Administrator. This would not be a newly created staff position but rather be a function assumed by the Community Development Director or other staff person that may be assigned by the Director to act as the Zoning Administrator. The Zoning Administrator would have the ability to approve, approve with conditions, or deny certain types of development applications. Provisions have been included to allow the Zoning Administrator the option to forward any item to the Planning Commission if warranted. The ability for the Planning Commission to.· review sensitive or controversial applications was previously identified as important by the Commission. Subsection "b" also identifies the specific types of Minor Adjustments, Conditional Use Permits and Specified Development Applications that would be subject to review of the Zoning Administrator. The types of Minor Adjustments that are listed are similar to the provisions for administrative adjustments contained in the East Tustin and Pacific Center East Specific Plans which represent minor modifications to the various development standards. Conditional Use Permits that would be considered by the Zoning Administrator include: 1) satellite dish antenna except within residential districts or within 300 feet of a residential district; 2) bulk vending and large collection recycling facilities; 3) on- premise dry cleaning establishments; and 4) 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. City Council Report Code Amendment 94-001 May 2, 1994 Page 4 Other Specified Development Applications that may be acted upon by the Zoning Administrator may include: 1) soil remediation activities; 2) time extensions for not more than 12 months from the original expiration date for projects, except for subdivisions; and 3) design review applications within Redevelopment Project areas except where required by the Planning Commission pursuant to provisions of certain Specific Plans in the City. Subsection "c" establishes the application process and procedures for action by the Zoning Administrator. Public hearing notification would be given for those projects that normally require public hearings such as Conditional Use Permits. Provisions of state law allow minor adjustments to_be considered by a Zoning Administrator without a public hearing when provided for by a local ordinance. Such provisions have been made in the proposed amendments. The Zoning Administrator would be required to make the same findings that would normally be made for variances (in the case of minor adjustments), conditional use permits, design review and other applications as required by state law and other provisions of the City Code. Provisions have been included to require actions of the Zoning Administrator to be transmitted to the Planning Commission and City Council within seven (7) calendar days of the Zoning Administrator's action, as previously suggested by the Commission. Subsections "d" and "e" establish appeal procedures. Ail actions of ithe Zoning Administrator would be appealable by any party, including the Planning Commission and City Council, to the Planning Commission. Any Planning Commission action would then be appealable to the City Council. Appeals of Design Review applications within a Redevelopment Project area would be considered by the Redevelopment Agency. Significant advantages of the proposed Code Amendments are the reduction in the time involved in processing certain types of development applications as well as significant cost savings in application fees. As shown on Attachment D, (Revised Fee Schedule), actions of the Zoning Administrator will result in a significant savings in application fees. City Council Report Code Amendment 94-001 May 2, 1994 Page 5 CONCLUSION Based upon the above analysis, amendment to City Code Section 9299, et. seq., would improve the efficiency of processing development applications within the Community Development Department which are minor in nature and often noncontroversial. The proposed Ordinance would identify specific development applications which could be considered by the Zoning Administrator, as well as, establish procedural requirements such as noting and appeal procedures. It is recommended that the City Council approve Code Amendment 94-001 by having first reading and introduction of Ordinance No. 1116, as submitted or revised. Senior Planner Christine Shing~ton Assistant City ~(anager Attachments: Attachment A - Government Code Section 65900 Attachment~B - City Code Section 9299 Attachment C - Planning Commission Resolution 3247 Attachment D - Revised Fee Schedule Initial Study/Negative Declaration Re~olution No. 94-46 Ordinance No. 1116 D F: br \CA94- O01. df SUMMARY OF ATTACHMENTS CODE AMENDMENT 94-001 OFFICE OF ZONING ADMINISTRATOR ATTACHMENT A- GOVERNMENT CODE SECTION 65900 ATTACHMENT B - CITY CODE SECTION 9299 ATTACHMENT C - PLANNING COMMISSION RESOLUTION NO. 3247 ATTACHMENT D - REVISED FEE SCHEDULE INITIAL STUDY/NEGATIVE DECLARATION RESOLUTION NO. 94-46 ORDINANCE NO. 1116 ATTACHMENT A GOVERNMENT CODE SECTION 65900 Tire I'lannutg and Zontng L~ w (3) Methodologi("- ~.. ~x)urage the balance of jobs and housing. (4) Incentives which local, regional, and state agencies may offer to ~e private sector to encourage developments and design which will facilitate an improved balance between employment generating land use and residential land use. (5) Methodologies cities and counties may use to analyze trip generation and vehicle miles traveled to and from employment centers. (6) Me~odologies cities and counties may use to ac~hi~eve more efficient use of transportatiOn facilities serving major employment centers. (7) Descriptions of successful and unsuccessful efforts by cities or counties to move toward improvedjobs- ho~ing balance. Co) The guidebook shall seek to describe and evaluate the various tools available to local, regional, and state governments to measure, evaluate, and improve the balance of ,jobs and' housing and to mitigate the undesirable effects of any imbalance between ,jobs and housing. The guidebook shall describe efforts by cities, counties, and regional agencies to improve the balance of jobs and housing. (c) The department shall consult with interested parties and organizations such as academic institutions, environmental groups, busineaaes, labor unions, real e~ue groups, housing advocacy groupa, cities, counties, and regional agencies. The final guidebook shall be completed no later than Decexnber 31, 1993. (d) Within two years of final publication of the guidebook, the Assembly Office of Research shall eomp~ a study of the effectiveness of the guidebook as a decisionmaking tool by public agencies and the private sector to facilitate improved jol~-honsing balance. The study shall include the office's recommendations for legislation needed to improve the effecfiven~s of decisionmaking as it relates to achieving jobs-housing balance, if any. (Added by Stats. 1990, Ch. 843.) Article 3. Administration ~n of - ~dmlnittrati~e body Admini~ration by planning commission Board of appeals 65900. The legislative body ora city or county may, by ordinance, create and establish either a board of zoning adjustment, or the office of zoning administrator or both. It may also, by ordinance, create and establish a board of appeals. Members ora board of zoning adjustment and members of a board of appeals may receive compensation for their auendance at each meeting of their respective hoards in a sum to be fixed by the legislative .b?dy by which they are appointed. In addition, they may also receive reasonable traveling expenses to and from the usual place of business of such board to any place of meeting of the board within the county or city. (Added by Stats. 1965, 'Ch. 1880.) 65901. (a) The board of zoning adjustment Or zoning administrator shall hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criletia for determining those matters, and applications for variances from the terms of the zoning ordinance. The board of zoning adjustment or the zoning administrator may also exercise any other powers granted by local ordinance, and may adopt all ~ and procedures necessary or convenient for the conduct of the board's or administrator's business. (b) In accordance with the requirements for variances specif'g~! in Section 65906~ the legislative body of the city or county may, by ordinanc~ authorize the board of zoning adjustment or zoning administrator to decide applications for variance from the terms of the zoning ordinance without a public hearing on the application. That ordinance shall specify the kinds of variances which may be granted by the board of zoning adjus~.ment or zoning administrator, and the extent of variation which the bayard of zoning adjustment or zoning administrator may allow. (Amended by Stats. 1984, Ch. 1009; Stats. 1985, Ch. 1199.) 65902. In the event t.hat neither a board of zoning adjustment or the office ~3f a zoning administrator has been created and establishexl, the planning commission shall exercise all of the functions and duties of said board or said administrator. The legislative body of a county may provide that an area planning commission shall exercise all of the functions and duties of a board of zoning adjustment or a zoning administrator in a prescribed portion of the county. (Amended by Stats. 1971, Ch. 462.) 65903. A board of appeals, if one has been created and established by local ordinance, shall hear and determine appeals from the decisions of the board of zoning adjustment or the zoning administrator, a.~ the case may be. Procedures for such appeals shall be as provided by local ordinance. Such board may reverse or afl'mn, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may 72 · 1992 Planning, Zoning, and Development Laws ATTACHMENT A The Planning and Zoning Law make such order, requirement, decisa'~ ~. .ermination as should be made, and suc '. .mil be final. (Added by Stats. 1965. Cia 1880.) 65904. If a board of appeals has not been created and established the local legislative body shall exercise all of the functions and duties of the board of appeals in the same manner and to the same effect as provided in Section 65903. -- (Added by Stats. 1965. Ch. 1880.) iS. (a) Except as otherwise prfvided by this article, a public hearing shall be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. Co) Notice of a hearing held pursuant to subdivision (a) shall be given pursuant to Section. 65091. (Repealed and added by Stats. 1984. Ch. 1009.) 6S906. Variances from the terms of the zoning ordinances shall be granted only when, because of special circum~ applical~e to the property, including size, shape, topography, location or sutrou~gs, the ~ application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance grained shall be subject to such conditions as will assure that the adjustment thereby authorized _,tmJ! not c~stitute a grant of apecial privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is ~ituated. - A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expre~y authofiz~ by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. (Amended by Stats. 1974, Ch. 607.) 6S906.5. NotwithstandingSectioo 65906, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following c,~aditions are met: (a) The variance will be an incentive to, and a benefit for, the nonresidential development. (b) The varianc~ will facilitate access to the nonresidential development by patrons of public transit facilities, paniculagty guideway facilities. m_._ (Added by Stats. 1980, Ch. 1125.) 7. (a) Except as otherwise provided by ordinance, any action or lxoceeding to attack, review, set aside, .,id, or annul any decision of matters listed in Sections 65901 and 65903, or concerning any of the proceedings, acts, or detetmitmfions taken, done, dr made prior to such decision, or to determine reasonableness, legality, or validity of any condition ~ttached thereto, shall not be maintained by any person unless the action o~ ~ng is commenced within 90 days and the legislative body is served within 120 days after the date of the decision. There~d'tex, all persons are barred from any such action or proceeding or any defense of invalidityor unreasonableness of that decision or of these proceedings, acts, or determinations. All actions Ixought ptmu. mnt to this section shall be given preference over all other civil maUers before the- court, except ixobate, eminent domain, and forcible entry and unlawful detainer proceedings. (b) Notwith~anding Section 65803, this section shall apply to charter cities. (c) The amendments to subdivision (a) shall apply to decisions made pursuant to this division on or after January 1, 1984. (Amended by Stats. 1983, Ch. 1138.) 6590~. (a) Any agency w,h~ch institul~ a judicial action or p..rocex~ing I~} enforce zoning regulations may file a notice of the pendency of the action or proceeding in the county recorder's office ~f the county where lJ~e property affected by '.he action or pr~cecding is situated. The notice shall be filed at the time of the comm~ent of the action or proceeding, and, upon recordation of such notice as provided in this subdivision, s.hall have the same effect as a notice recorded pursuant to Section 409 of the Code of Civil The county recorder shall record and index the notice of pendency of action or proceeding in the index of grantors and any other index relative to the property in question. (b) Any nofce of pendency of action or proceexling filed pursuant to subdivision (a) may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefor by an order of a judge of the court in which the action or proceeding is pending. A certified copy of the order of vacation may be r~ in the office of the recorder of the county where the notice of pendency of action is recorded, ~1 upon such recordation the notice of pendency of the action or proceeding shall not constitute constructive ice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing At,,oeats to legl~i~ttt've body Pablic hearing: Ute permits, ~ariance~, or equivalent Paddng s,gwionces R ccor~ of.notice of judicial action 1992.planning, Zoning, and Development Laws o 73 ' gJnrea.vonable permit Fro&ibited T&e Planning and Zoning Law with the property d~-.., cl therein. Such an order of vacation shall no~.., ealable, but the party aggrieved by such order may, within 20 days after service of wriuen notice of the order, or within such additional time not exceeding 20 days as the court may, within the original 20 days, allow, but in no event latex than 60 days after entry of the order, petition the proper reviewing court to review such order by writ of mandate. No such order of vacation shall be effective, nor shall it be recorded in the office of any county recorder, until the time within which a petition for writ of mandate may be filed pursuant to this subdivision has expired. (Added by Stats. 1970. Ch. 96.) ~-- 65909. No local governmental body, or any agency thereof, may condition the issuance of any building or use permit or zone variance on any or all of the following: (a) The dedication of land for any p~ not reasonably related to the use of the property for which the variance, building, or use permit is requested. Co) The posting of a bond to guarantee installation of public improvements not reasonably relatod to the use of the property for which the variance, building, or use permit is requested. (Amended by Stats. 1983, Ch. 101.) 65909.5. The legislative body of any county or city, including a charter city, may e~tablish reasonable fees for the processing of use permits, zone variance~ or zone changes ixwsuant to the procedures required or authorized by this chapter or local ordinance, but the fees shall not exceed the amount reasonably required to administer the processing of such permits orzone variances. The fees shall be imposed pursuant to Sections 66014 and 66016. (Added by Stats. 1981, Ch. 914; Amended by Stats. 1990, Ch. 1572.) Article 4. Open-Space Zoning Mandate to adopt open.tpace zoning Open-tlnu:e Taking of private property 65910. Every city and county by December 31, 1973, shall prepare and adopt an open-space zoning ordinance consistent with the local open-space plan adopted pursuant to Article 10.5 (commencing with Section 65560) of Chapter 3 of this title. (Amended by Stats. 1973, Ch. 120. Effecti~ June 29,1973.) 65911. Variances from the terms of open-space zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granwxl Shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoae in which such inoperty is situaw, d. This section shah be literally and sUictly interprew, xl and enforced so as to protect the into'est of the public in the orderly growth and development of cities and counties and in the preservation and conservation of open-space lands. - (Added by Stats. 1970, Ch. 1590.) 65912. The Legislature hereby finds and declares that this article is not intended, and shall not be construed, as authorizing the city or the county to exexcise its power to adopt, amend or repeal an open-space zoning ordinance in a manner which will take or damage i~ivate property for public use without the payment ofjnst compensation therefor. This section is not hitended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States. (Add. ed by Stats. 1970. Ch. 1590.) Policy Chapter 4.2. Housing Development Approvals 65913. (a) The Legislature finds and declares that there exists a severn shortage of affordable housing, especially for persons and £amilies of Iow and moderate income, and that there is an immediate need to encourage the development of new homing, not only through the provision of financial assistance, but also through changes in law designed to do ali of the following: (1) Expedite the local and state residential development process. (2) Assure that local governments zone sufficient land at densities high enough for production of affordable housing. (3) Assure that local governments make a diligent effort through the administration of land use and development controls and the provision of regulatory concessions and incentives to significantly reduce homing development costs and thereby facilitate the development of affordable housing, including housing for elderly persons and families, as defined by Section 50067 of the Health and Safety Code. 74 - 1992 Planning, Zoning, and Development Laws ATTACHME~NT B CITY CODE SECTION 9299 TUSTIN CITY CODE ZONING 9299 9299 ZONING ADMINISTRATOR a Office Created Pursuant to Section 65900 of the State Planning and Zoning Law, there is hereby established the Office of a Zoning Administrator. '' b Duties The Zoning Administrator, subject to the pre%isions of this Chapter and Chapter 4 of this Article, entitled Sign Controls, shall have dual jurisdiction with that of 'the Planning Commission to hear and decide in accordance with Council Policy: (1) Applications for variances from the terms of the zoning regulations. (2) Applications for use and conditional use permits for those uses subject to a use permit within the district regulations. (3) Matters relating to the 'conforming and nonconforming use of properties and. the structures thereon. .(4) -Applications for variances from the terms of the sign regulations. (5) Applications for use permits as provided for any of the uses for which such permits are required or permitted by the terms of the Sign Ordinance. (6) Such other matters as the Council may direct to be heard and findings made. c Decision of the Zoning Administrator The findings and decision of the Zoning Administrator shall be published by memorandumno later than seven (7) calendar days from the date of hearing and distributed to the applicant, City Council, Planning Commission, and interested persons. The Zoning Administrator shall grant, conditionally grant, or deny, _the application for variance, use permit, or finding of nonconformity, based upon applicable criteria. Such action, unless appealed, shall be final on the eighth day following publication of the decision. d Review and Appeal (1) The City Council, Planning Commission, any two members of either body or any person with vested right may file an appeal with the City Clerk on any decision of the Zoning Administrator prior to the time it becomes final. (2) A fee'of $30.00 shall be paid for the filing of an appeal by other than Council or Plarming Commission Members. (3) A public hearing shall be set, noticed and held before the Planning Commission. (4) The Planning Comission may affirm, modify or reverse the findings and decision of the Zoning Administrator (Ord. No. 552) ATTACHMENT B ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. :3247 10 11 12 13 14 15 16 17 18 19 2O ¸21 22 23 24 25 26 27 28 RESOLUTION NO. 3247 FILE COPY A RESOLUTION'OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDF~ENT 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 AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the llth day of April, 1994. BARBARA RE~ Recording Secretary Chairperson ATTACHMENT C -1 -- 2 10 11 12 13 14 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution. No. 3247 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 ATTACHMENT D REVISED FEE SCHEDULE EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION REVISED FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO.-94-42 Adopted on May 2, 1994 TYPE OF CHARGE FEE SCHEDULE FOR PLANNING DMSION FEES OR SERVICE CHARGE(l) Appeals 1/2 Original Fee CC&R Review (1 check and 1 recheck)- Subsequent Reviews-City Attorney Planning Staff $190 $150/hr $50Par Certificate of Compliance $95 Code Amendment $950 Conditional Use Permits and Amendments ABC License Major Minor (new development) Minor (existing development) Amendment to Conditions of Approval Time Extensions .., Design Reviews and Amendments $255 $1~70 $665 $350 $350 $250 Major New Major Remodel Minor New Minor Remodel Sign Amendment to Conditions of Approval Time Extensions $985 $635 $510 $350 $65 $350 $25O Development Agreements $2,000 (2) Extraordinary Research (minimum 2 hours) $50/hr Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption $4,000 (2) $2,500 (2) $95 $125 $50 $25 $25 ATTACHMENT Exhibit A Resolution No. Page 2 94 -42 General Plan Amendments Land Use Map Major Text Amendment Minor Text Amendment $985 $2,000 (2) $750 Lot Line Adjustment $255 Lot Merger $190 Miscellaneous Documents (3) $190 Temporary Use Permit (TUP) Time extension on TUP's $95 $50 Subdivisions and Amendments Reversion to Acreage Tentative Tract Map (ET Project) Tentative Tract Map (ET Sector) Tentative Tract Map Tentative Parcel Map Final Tract Map Final Parcel Map Vesting Map Map Fee + $65 $2,730 $5,715 $1~205 $1,205 $1,335 $1,110 Base Map + $65 Time Extension $250 Use Interpretations $125 Variances and Amendments Major $665 Minor $380 Amendments to Conditions of Approval $350 · .: ........ :.:....-....:.:.....:.:..: ........ :....:.....:...:.:.:.:.:.:.:...-.:.:..:..:...:...:..:..:....:.:....:.:.:.: ...... :...:...:.:..:.:..:.:.:..:.:.-..:.:..2.:.:.:...:.:.:.:.:.:..:.:..:..:.:.:..:.:.:. · .:..:.:. Zone Change $950 Zoning Administrator Action Administrative A~iustment/ Minor Adjustments $95 Soil Remediation $95 Minor Conditional Use Permits (existing development) (5) Time Extensions (6) Design Review (RDA) (8) Exhibit A .~esolut ion No. _~a~e 3 94 -42 Written Zoning confirmation or non-conforming, status letter $50 Footnotes (2) (3) (4) Includes cursory review of applications by building smU. Minimum deposit for city staff and city attorney's office review. Review by city staff to be reimbursed at a rate of $50/hour and review by city attorney's office at a rate of $150/hour. Examples: Parking Agreements, Access Agreements, Deed, Restrictions. An additional $25 filing fee is required by the County Clerk when the City files the Notice of Determination. The applicant will be required to provide the City with a cashiers check for $25, payable to the ORANGE COUNTY CLERK within .48 hours fo project approval. Substantial additional fees may be required by the County Clerk when the City files the Notice of Determination, in accordance with AB 3158 as established by the Department of Fish and Game. If additional fees are required, the applicant will be required to provide the City with a cashiers check for the additional fees, payable to the ORANGE COUNTY CLERK within 48 hours of project approval. (5) See fee for Minor CUP (existing development) (6) See fee for Time Extensions (C~, Design Review, ~i and Subdivision) (8) See fees for Design Reviews see shaded areas for amendments Resolution No. 9442 supercedes EXhibit A of City Council Resolution No. 94-29 NEGATIVE DECLARATION Project Tree: CODE AME~MENT 94-001 Project Location: CITY OF TUSTIN Project Description: AMENDMENT TO CITY CODE SECTION 9299 RELATED TO THE OFFICE OF THE ZONIN¢ A~MINISTm~TOU Project Proponent: ciTy OF ~USTI~ Contact Person: DASIEL FOX Telephone: 714-573-3115 ~ The Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedur~ regarding implementation of the Caiifomia Environmental Quality Act, and on the basis of that study hereby finds: That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant affects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation' of an Environmental Impact Report is not required. · .. The initial study which provides the basis for this determination is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty one (21) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 p.m. on DATED: M_~_RCH !7, !994 aa/, Co-~-~' ' lopment 15222 Del Arno Avenue, Tustin, California 92680 (714)544-8890 Director INITIAL STUDY/NEGATiVE DECLARATION I$ Background 1. CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM Name of Proponent II. 2. Address add Phone Number of Proponent 3. Date of Checklist Submitted ~ Iq. lqq+ 4. Agency Requiring Checklist 5. Name of Proposal, if applicable Environmental Impacts le Earth. Will the proposal result in: ae Unstable earth conditions or in changes in geologic substructures? ms Disruptions,.~displacements, compaction or overcovering of the soil? C$ Change in topography or ground surface relief features? The destruction, covering or modification of any unique ge61ogic or physical features? ee Any increase in. wind or water erosion of soils, either on or off the site? Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Yes Maybe ~o e · ge Air. a· be ce Expos~e of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Will the proposal result in: Substantial air emission or deterioration of ambient air quality? The creation of objectionable odors? Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? Water. Will the proposal result in: a· be co Changes in currents, or the c6urse of direction of water movements, in either marine or fresh water? Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Alterations.to the course or flow of floodWaters? de Change in the amount of surface water in any water body? e· Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? fe Alteratien of' the direction or rate of flow of ground waters? ge Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? Yes Maybe No · · e he Substantial reduction in the amount of water otherwise available for public water supplies? ie Exposure of people or property to water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: Yes Maybe a· 0 Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction of the numbers of any unique, rare or endangered species of plants? Co Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d· Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: ae Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b.. Reduction of the numbers of any unique, rare or endangered species of animals? Ce Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in: ae be Increases in existing noise levels? Exposure of people to severe noise levels? · · · 10. 11. 12. 13. Light an4 Glare. Will the p~oposal produce new light or glare? Land Use. Will the proposal result in a substantial alteration of the present .or planned land use of an area? Yes Maybe No Natural Resources. Will the proposal result in: a· Increase in the rate of use of any natural resources? be Substantial depletion of any nonrenewable n.atural resource? Risk of Upset· Will the proposal involve: ae A risk of an explosion or the release of hazardsus substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? HoUsing. Will the proposal affect existing housing, or create a demand for additional housing? Transportation/Ciroulation. Will the proposal result in: Generation of substantial additional vehicular movement? be Ce Effects on existing parking facilities, or demand for new parking? Substantial impact upon existing transportation systems? 14. 15. 16. de Alterations to present patterns of circulation or movement-Of people and/or goods? ee Alterations to waterborne, rail or- air traffic? fe Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? de ee fe Parks or other recreational facilities? Maintenance of public facilities, including roads? Other governmental services? Energy. Will the proposal result in: ae Use of substantial amounts of fuel or energy? be - Substantial increase in demand upon existing sources of energy, .or require .the development of new sources of energy? Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: ae be Power or natural gas? Communications systems? c. Water? d. Sewer or septic tanks? Yes Maybe N_9o ee fe Storm water drainage? - Solid waste and disposal? Yes Maybe No 17. Human Health. Will the proposal result in: ae Creation of any health hazard or potential health hazard (excluding mental health)? Exposure of people to potential health hazards? 18. 19. 20. 21. Solid waste. Will the proposal create additional solid waste requiring disposal by the City? Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? Recreation. Will, the proposal result in an impact upon the quality or quantity of existing recreational opportunities? Cultural Resources ae Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeologiCal site? be Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? Ce Does the proposal have the potential to cause a physical change which would affect~unique ethnic cultural values? 22. de Will the proposal restrict existing religious or sacred use~ within the potential impact area? Yes Maybe No Mandatory Findings of Significance. ae be de Does the project have the potential to degrade the quality of the environment substantially reduce the habitatof a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods~ of California history or prehistory? Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while.long-term impacts will endure well into the future). Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. Discussion of Environmental Evaluation - See Attached C IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a. NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project.. A NEGATIVE DECLARATION WILL BE PREPARED Date I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Print Name Print Ti{le ' forms\ i nj tstud.94 -- PART III - DISCUSSION OF ENVIRONMENTAL EVALUATION EXHIBIT A INITIAL STUDY RESPONSES FOR CODE AMENDMENT 94-001 BACK(IROUND In 1972 the City of Tustin adopted Tustin City Code Section 9299 establishing the Office of Zoning Administrator. The existing code provisions permit the Zoning Administrator to have dual jurisdiction with the Planning Commission to hear and decide certain requests. The existing code, however, does not provide guidance to the Zoning Administrator on the types of applications that could be considered by the Zoning Administrator. The intent of Code Amendment 94-001 is to clarify and update provisions of the Tustin City Code that would improve the efficiency in processing certain discretionary applications which are minor'in nature and often noncontroversial. The proposed amendment would clarify that the community Development Department Director, or his/her designee, would act as the Zoning Administrator. The proposed amendment would also specify the types of minor adjustments, conditional use permits and other specified development applications which could be considered by the Zoning Administrator. The proposed amendments include procedural requirements such as noticing and appeal procedures, as well as requirements consistent with current state law. The proposed amendments would 'apply throughout the City. Ail specific applications considered by the Zoning Administrator would be subject to separate environmental review in accordance with the California Environmental Quality Act and would be reviewed against' the specific merits of that project. 1. EARTH Items A throuqh G - "No": The proposed code amendment would not result in changes to existing earth conditions, topography or ground features. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 2 2. AIR · · Items A through C - "No": Based on review of AQMD standards for preparing Environmental Impact Reports, this project would not result in any degradation to the existing air quality. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code AQMD Standards Mitigation/Monitoring Required: None required. WATER Items A through I - "No": The proposed code amendment would not result in any changes to existing water conditions. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. PLANT LIFE Items A through D - "No": The proposed code amendment would not result in any changes to existing plant life. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain Procedures which must be followed. No. development would be associated with the proposal. Sources: Proposed Amendment Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 3 Se e · Tustin City Code Mitigation/Monitoring Required: None required. ANIMAL LIFE Items A through D - "No": The proposed amendment would not result in any changes to existing animal life. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. NOISE Items A and B - "No":' The proposed code amendment would not result in any changes to existing noise levels. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. LIGHT AND GLARE "No": The code amendment would not produce new light or glare. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be assoCiated with the proposal. Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 4 Sources: Proposed Amendment Tustin City Code Mitigation/Monitorinq Required: None required. 8. LAND USE "No": The code amendment would not result in a substantial alteration of present or planned land uses. The type of minor adjustment, conditional use permits and other specific development applications identified for consideration by the Zoning Administrator are presently subject to consideration by the Planning Commission. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code Mitigation/Monitorinq Required: None required. 9. NATURAL RESOURCES Items A and B - "No": The code amendment would not result in any changes to natural resources. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the OffiCe of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed. Amendment Tustin City Code Mitigation/Monitorinq Required: None required. 10. RISK OF UPSET Items A and B - "No": The code amendment would not increase risk of upset. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the zoning Administrator and include specific Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 5 development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the proposal. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. 11. POPULATION "No": The proposed code amendment would not increase or decrease the population of the City. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning AdminiStrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. No development would be associated with the Proposal. Sources: Proposed Amendment Tustin City"Code Mitigation/Monitoring Required: None required. 12. HOUSING "No": The proposed code amendment would not create a need for additional housing. The proposed amendment would clarify and updatecurrent provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. 13. TRANSPORTATION/CIRCULATION Items A through F - "No": The code amendment would not result in additional vehicular movement or demand for new parking and no impacts on existing transportation systems or present circulation patterns are expected. The proposed amendment C Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 6 would clarify and update current provisionsof the Tustin City Code related to the Office. of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: Proposed Amendment Tustin city Code Mitiqation/Monitoring Required: None re~ired. 14. PUBLIC SERVICES Items A through F - "No": The code amendment would not have an impact on or result in an increased demand for or alter any public service. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. The proposed amendment is expected to improve the efficiency of processing.minor discretionary applications within the Community Development Department. Sources: Proposed Amendment Tustin City Code Mitigation/Monitorinq Required: None required. 15. ENERGY Items A and B - "No": The code amenament would not increase the demand for or consumption of energy. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator~ as well as establish certain procedures which must be followed. Sources: Proposed ~nendment Tustin City Code Mitigation/Monitorinq Required: None required. Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 7 16. UTILITIES Items A through F - "No": The code amendment would not increase the demand for traditional public utilities, such as water, natural gas, storm drains or sewers. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator-and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. 17. HUMAN HEALTH Items A and B - "No": The proposed code amendment would not create new health hazards to those living or working in the vicinity. The proposed..amendment would clarify and update current provisions of the Tustin City .Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: Proposed Amendment Tustin City Code Mitiqation/Monitoring Required: None required. 18. SOLID WASTE "No": The code amendment will not create additional solid waste. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 8 19. AESTHETICS "No": The code amendment would not impact any scenic vista or view. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. ~ Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. 20. RECREATION "No": The proposal will not create a need for additional recreational services or impact existing services. The proposed amendment would clarify and update current provisions of the Tustin City Code .related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain.procedures which must be followed. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. 21. CULTURAL RESOURCES Items A through D - "No": The code amendment would not result in the alteration or destructien of archaeological sites and historic buildings, or cause a physical change which will affect cultural values. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: Proposed Amendment Tustin City Code Mitigation/Monitoring Required: None required. Exhibit A - Initial Study Responses Code Amendment 94-001 March 17, 1994 Page 9 22. MANDATORY FINDINGS OF SIGNIFICANCE Items A through D - "No": The proposed code amendment would not result in the degradation of the environment. There is no potential to achieve short-term, to the disadvantage of long- term, environmental goals. There are no cumulative impacts and there would be no adverse effect to human beings for the reaSons stated above. The proposed amendment would clarify and update current provisions of the Tustin City Code related to the Office of the Zoning Administrator and include specific development applications, which could be considered by the Zoning Administrator, as well as establish certain procedures which must be followed. Sources: As Previously Stated Mitigation/Monitoring: None Requried. DF: CA94001. ENV CITY COUNCIL RESOLUTION NO. 94-46 1 RESOLUTION NO. 94-46 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 94- 001 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A® The request to approve Code Amendment 94-001 is considered a "project" pursuant to the terms of the-California Environmental Quality Act. Bo A Negative Declaration has been prepared for this project and has been distributed for public review. Ce Whereby, the Planning Commission and the City Council of the City of Tustin have considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. De The Planning Commission and the City Council have evaluated the proposed final Negative Declaration and determined it to be adequate and complete. II. A Final Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council, having approval authority over Code Amendment 94-001, has received and considered the information contained in the Negative Declaration, prior to approval of the proposed project, and found that it adequately discussed the environmental effectS of the proposed project. The City Council has found that the project involves no potential for an adverse effect, either individually or cumulatively, on wildlife resources and makes a De Minimis Impact Finding related to AB3158, Chapter 1206, Statutes of 1990. On the basis of the initial study and comments received during the public review process, the City Council has found that, the proposed projects would not have a significant effect on the environment. 10 11 12 13 16 17 18 19 20 21 22 23 24 25 26 28 Resolution No. 94-46 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 2nd day of May, 1994. Mary E. Wynn, City Clerk~ THOMAS R. SALTARELLI MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 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 five; that the above and foregoing Resolution No. 94-46 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of May, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk ORDINANCE NO. 1116 10 11 12 13 -14 ~5 16 17 18 19 20 21 22 23 24 25 26 28 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 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 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. 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ordinance No. 1116 Page 2 Zoning Administrator reserves the right to forward any matter listed below to the PlanningCommission 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%. 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, except in residential districts or those located within 300 feet of a residential district. b) Bulk vending machines. c) Large collection facilities. 28 d) On-Premise Dry Cleaning. 10 11 12 13 _14 ~5 16 17 18 19 20 21 22 23 24 25 26 28 Ordinance No. 1116 Page 3 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, DesignReviews 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. 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 beprocessed and approved, conditionally approved or denied within the time limits established by state law for actions of development projects. 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1116 Page 4 · · Public Hearinq and Noticing 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. 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 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 redu6e 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 10 11 12 13 _14 J5 16 17 18 19 20 21 22 23 24 25 26 28 Ordinance No. 1116 Page 5 be Ce 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, 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) 8) Height, bulk and area of buildings Setbacks and site planning Exterior-materials and colors Type and pitch of roofs Size and spacing of widows, 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 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Ordinance No. 1116 Page 6 de 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 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 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. .l , 28 · 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 z8 Ordinance No. 1116 Page 7 Se 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 Subsection "c3" above. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of May, 1994. THOMAS R. SALTARELLI Mayor MARY WYNN City Clerk