HomeMy WebLinkAbout02 CODE AMEND 95-004 11-20-95NO. 2
11-20-95
Inter-Com
DATE:
NOVEMBER 20, 1995
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUSJE¢~ CODE AMENDMENT 95-004; AMENDMENTS TO OFFICE OF THE ZONING
ADMINISTRATOR
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 95-112
2. Have first reading by title only and introduce Ordinance No.
1157 approving Code Amendment 95-004, as submitted or revised.
FISCAL IMPACT
The Code Amendment is a city initiated project and will have no
fiscal impact to the City. The proposed ordinance is intended to
establish administrative procedures which will improve efficiency
of department operations.
BACKGROUND
The Office of Zoning Administrator was originally established in
1972 with the adoption of Ordinance No. 552. The duties and powers
of the Zoning Administrator were expanded and more clearly defined
in 1994.
Last spring, at the request of the Planning Commission, the
Community Development Department staff started to review the
provisions of the zoning code to identify additional types of
applications which might be authorized by the Zoning Administrator.
The purpose of assigning additional authority to the Zoning
Administrator was to expedite processing of minor, routine
applications and to reduce costs to the applicant.
In 1994, the Community Development staff conducted an initial
survey of Orange County cities to determine whether the city had
assigned Zoning Administrator authority and the scope of that
authority. As part of the possible expansion of Tustin's Zoning
City Council Report
Code Amendment 95-004
November 20, 1995
Page 2
Administrator authority staff resurveyed all 31 Orange County
cities to obtain more detailed information and to assess if any
changes had occurred over the past year.
A Planning Commission workshop was held on August 28, 1995 to
present the results of the updated survey to the Commission. The
workshop also covered such items as the Planning Commission's
oversight of the Zoning Administrator's actions and additional
types of applications that could be assigned to the Zoning
Administrator. As a result of the workshop, the Planning
Commission provided specific direction to staff on the formation of
a proposed ordinance.
On October 23, 1995 the Planning Commission approved the Zoning
Administrator Ordinance changes and recommended that the City
Council adopt Code Amendment 95-004.
The City Attorney's office has reviewed and approved the draft
ordinance.
A public hearing notice identifying the time, date and location of
the public hearing on this amendment was published in the Tustin
News and posted at Tustin City Hall and Police Department. Since
this project is effective citywide, notices were not required to be
mailed to property owners.
DISCUSSION
Code Amendment 95-004 would improve processing efficiency for
certain routine conditional use Permits, and specific development
and variance applications that are presently required to be
approved by the Planning Commission. The Zoning Administrator
would also continue to be allowed to refer any aPplication deemed
controversial or complex to the Planning Commission for their
action.
Under existing code provisions, Minor Adjustments can be approved
by the Zoning Administrator. Deviations from the code in excess of
limitations prescribed as Minor Adjustments require a Variance to
be approved by the Planning Commission. Code Amendment 95-004
would expand the Zoning Administrators authority to grant the
following types of Variances:
City Council Report
Code Amendment 95-004
November 20, 1995
Page 3
o 20% deviation in architectural projections ~
o 20% deviation for distances between accessory and main
structures
o 20% deviation in setbacks for buildings,landscaping,
pools/spas/equipment
o 20% deviation in required parking for non-residential uses
o 10% deviatiOn of required building site area
More intensive Variance actions will continue to require Planning
CommisSion approval.
Code Amendment 95-004 would also expand the listing of conditional
use permits to be approved by the Zoning Administrator to include
the following:
o On-site alcoholic beverage sales in restaurants
o Second-hand sales, without pawning
o New construction of commercial and industrial uses,
providing more than 50% of office use on the ground floor
o Accessory building used for guest room
o Temporary uses up to six months
Two new specified development applications will be assigned to the
Zoning Administrator.
o Amendments to conditions of approval, that are minor in
nature and do not alter the intent of the site or the
project
o Minor Design Reviews in Redevelopment Project Areas
involving minor facade or site modifications, single family
homes and new or modified accessory structures
The Community Development Department has recently initiated a
comprehensive Zoning Code update. As part of the process usage and
understanding of the code will be simplified, appropriateness of
existing regulations will be reviewed and new standards may be
instituted which may reduce the need for certain types of
conditional use-permits or variances.
Zoning Administrator actions result in expedited processing and
reduced applicant costs. A typical Zoning Administrator case can
be processed and brought to hearing in 2-3 weeks compared to
Planning Commission cases which may take 6-8 weeks. The Community
City Council Report
Code Amendment 95-004
November 20, 1995
Page 4
Development Departments Fee Schedule also recognizes that Zoning
Administrator applications are generally routine and require less
staff time.
Ordinance No. 1157 adopting amendments to the Office of Zoning
Administrator is attached for the City Council as Exhibit A.
CONCLUSION
It is recommended that the City Council approve Code Amendment 95-
004 by first reading and introduction of Ordinance No. 1157.
Assistant Director
christ[ne A~n
Assistant City Manager
RW: kbm~ccreport\ca95004, rw
Attachments:
Planning Commission Resolution No. 3402
Initial Study/Negative Declaration
Resolution No. 95-112
Ordinance No. 1157
1 RESOLUTION NO. 95-112
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, CERTIFYING THE FINAL
NEGATIVE DECLARATION AS ADEQUATE FOR CODE
AMENDMENT 95-004 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 95-004
is considered a "project" pursuant to the
terms of the California Environmental Quality
Act.
m o
A Negative Declaration has been prepared for
this project and has been distributed for
public review.
C ,
Whereby, the City Council of the City of
Tustin has considered evidence presented by
the Community Development Director and other
interested parties with respect to the subject
Negative Declaration.
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The City' Council has 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 approval authority over Code Amendment
95-004 has received and considered the information
contained in the Negative Declaration, prior to
recommending approval of the proposed project, and
found that it adequately discussed the
environmental effects of the proposed project. On
the basis of the initial study and comments
received during the public review process, the City
Council has found that, the proposed project would
not have a significant effect on the environment.
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Resolution No. 95-112
Page 2
PASSED AND ADOPTED by the City Council of the City of
Tustin at a regular meeting held on the 20th day of
November, 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 95-112
PAMELA STOKER, City Clerk and ex-officio Clerk of the.
City Council of the City of Tustin, California, does
hereby certify that the whole number of the members of
the City Council of the City of Tustin is 5; that the
above and foregoing Resolution No. 95-112 was duly and
regularly introduced, passed and adopted at a regular
meet of the Tustin City Council, held of the 20th day of
November, 1995.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
1 ORDINANCE NO. 1157
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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 (C.A. 95-004)
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.
o
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
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city.
D ·
The amendment is consistent with the General Plan in that it
will not negatively impact the orderly growth and development
of the City.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
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
Zoning Administrator reserves the right to forward any matter
listed below to the Planning Commission for consideration and
action. Requests for Minor Adjustments and Zoning
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Ordinance No. 1157
Page 2
Administrator Variances in excess of the limitations
prescribed in this subsection, or those development standards
not specifically listed in this subsection, shall be subject
to the approval of a Variance by the Planning Commission.
Requests for Conditional Use Permits or other specified
development applications not specifically listed in this
subsection shall be subject to the approval of a Conditional
Use Permit or other discretionary review by the Planning
Commission or other reviewing body as applicable.
1. Minor Adjustments:
a)
A decrease of not more than 5% of the required
building site area.
b)
A decrease of not more than 10% of a required
building or landscaping setback.
c) An increase of not more than 20% in the maximum
permitted height of a fence or wall, subject to
city approved structural design.
d)
An increase of not more than 10% of the permitted
projection of steps, stairways, landings, eaves,
cornices, canopies, overhangs, masonry chimneys,
raised porches and fireplaces into any required
building Setback.
e)
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. Variances when required by the City Code.
a)
A decrease of not more than ten percent (10%) of an
individual required building site area.
b)
An increase of not more than twenty percent (20%)
of the permitted projection of steps, stairways,
landings, eaves, cornices, canopies, overhangs,
masonry chimneys, raised porches and fireplaces
into any required building setback.
c)
A decrease of not more than twenty percent (20%) in
the permitted distances between detached accessory
structures and main structures.
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Ordinance No. 1157
Page 3
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d)
e)
A decrease in the number of required off-street
parking spaces for non-residential land uses up to
a maximum of twenty percent (20%).
A decrease of not more than twenty percent (20%) in
the required setbacks for buildings, landscaping,
swimming pools, spas and equipment.
Conditional Use Permits when required by the City Code:
a)
b)
c)
d)
e)
f)
g)
h)
Dish'antennas.
Bulk vending machines.
Large collection facilities.
On-Premise Dry Cleaning.
Minor CUPs for existing developmen~ 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.
On-site alcoholic beverage sales licenses for
restaurants.
Secondhand sales when pawning is not included.
Development or construction of new buildings in the
Commercial General (CG) or Industrial (M) Districts
where more than fifty (50) percent of the total
area, or any portion of the ground floor, is
designated for occupancy by professional or general
offices.
i) Accessory buildings used as guest rooms.
j)
Temporary Uses for a period of up to six (6)
months.
Specified Development Applications:
a)
Soil remediation activities, subject to the same
findings as required for a Conditional Use Permit.
b)
Time extensions of not more than 12 months from the
original expiration date for Minor Adjustments,
Conditional Use Permits, Variances, Design Reviews,
subdivisions and other development applications,
subject to the same noticing requirements that were
given at the time the project was originally
approved.
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Ordinance No. 1157
Page 4
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c)
'Except where design review is required by the
Planning Commission pursuant to an adopted specific
plan, (a) design review applications within
redevelopment project areas; (b) minor design
reviews within redevelopment project areas which
include modifications to existing structures and/or
existing facade or site modifications which
constitute a change in three (3) or less major
design elements which do not result in a completed
facade upgrade; (c) single family homes not part of
a subdivision, (d) residential room additions and
(e) new or modified accessory structures associated
with existing development.
d)
Amendment to Conditions of Approval established by
Planning Commission or City Council. Condition
amendments that are determined by the Community
Development Director to be minor in nature and will
not alter the original intent of the project or
site. Examples would include changes to exterior
materials, colors, elevations, landscaping,
walls/fences and hours of operation.
Application Process
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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 by a
written description as to how the applicable positive
findings for the project type applied for identified in
Subsection 3 below can be justified. A single
application may include more than one request applicable
to the same project. Applications subject to action by
the Zoning Administrator shall be processed and approved,
conditionally approved or denied within the time limits
established by state law for actions of development
projects.
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Public Hearinq and Noticinq Requirements - Upon
determination that an application is complete, the
Community Development Department Shall schedule the
matter for consideration by the Zoning Administrator. If
a public hearing is required for the type of application
considered, notice of such public hearing shall be given
pursuant to Government Code Section 65091. Minor
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.
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Ordinance No. 1157
Page 5
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Required Findinqs
(a) Minor Adjustments may be granted only when such
adjustments are found to be in conformance with the
General Plan and when, because of special
circumstances applicable to the property, including
size, shape, topography, or surroundings, the
strict application of the Zoning Ordinance is found
to deprive the subject property of privileges
enjoyed by other properties in the vicinity and
under identical zone classification. Any Minor
Adjustment granted shall be subject to such
conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of
special privilege inconsistent with the limitations
'upon other properties in the vicinity and district
in which the subject property is situated.
Minor Adjustment to reduce the required amount of
parking shall be granted only when,, in addition to
the findings above, the following findings can also
be made:
1)
The intent of the parking regulations is
preserved;
2)
The parking provided will be sufficient to
serve the use intended and potential future
uses of the same site; and
3)
The adjusted decrease in the number of parking
spaces shall.not be detrimental to the public
health, safety or general welfare or
materially injurious to properties located in
the general vicinity.
b o
Variances may be granted only when such variances
are found to be in conformance with the General
Plan and when because of special circumstances
applicable to the property, including size, shape,
topography, or surroundings, the strict application.
of the Zoning Code is found to deprive the property
of privileges enjoyed by other properties in the
vicinity and under identified zone classification.
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Conditional Use Permits may be granted only when
such conditional use permits are found to be in
conformance with the General Plan and when the
establishment, maintenance, or'operation of the
use applied for will not, under the circumstances
of the particular use, be detrimental to the
health, safety, morals, comfort and general welfare
of the persons residing or working in the
neighborhood of such proposed use, or injurious or
detrimental to property and improvements in the
neighborhood or the general welfare of the City.
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Ordinance No. 1157
Page 6
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d o
Design Review Applications may be approved only if
such applications are found to be in conformance
with the General Plan and if the location, size,
architectural features and general appearance of
the proposed development will not impair the
orderly and harmonious development of the area, the
present or future develogment therein, the
occupancy thereof, or the community as a whole. In
making such findings, the following items shall be
considered:
1) Height, bulk and area of buildings
2) Setbacks and site planning
3) Exterior materials and colors
4) Type and pitch of roofs
5) Size and spacing of windows, doors and'other
openings
6) Towers, chimneys, roof structures, flagpoles,
radio and television antennae
7) Landscaping, parking area design and traffic
circulation
8) Location, height and standards of exterior
illumination
9) Location and appearance of equipment located
outside of an enclosed structure
10 Location and method of refuse storage
11 Physical relationship of proposed structures
in the neighborhood
12) Appearance and design relationship of proposed
structures to existing structures and possible
future structures in the neighborhood and
public thoroughfares
13) Proposed signing ·
14) Development guideline and criteria as adopted
by the City Council
.
Zoninq 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. The
Zoning Administrator shall provide notice to the
applicant within two business days following the action.
Appeal to Planning Commission/Redevelopment Agency
The applicant, or any other interested party, may appeal any
action of the Zoning Administrator with respect to the action,
or any condition imposed, to the Planning Commission, or an
appeal of a Design Review application within a Redevelopment
Project Area to the Redevelopment Agency, by filing a written
notice and paying applicable fees, as established by
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Ordinance No. 1157
Page 7
f .
resolution, to the Community Development Department within
seven (7) calendar days of the Zoning Administrator's action.
Upon receipt of an appeal, the Community Development
· Department shall schedule the matter for consideration, giving
the same notice as provided under Subsection "c2" above.
After consideration of the appeal, the Planning Commission or
Redevelopment Agency shall take action to approve, approve
with conditions or deny the application. The Planning
Commission or Redevelopment Agency may uphold, modify or
overrule all or parts of the Zoning Administrators's action.
Actions of the Planning Commission or Redevelopment Agency on
Minor Adjustments, Conditional Use Permits and other specified
development applications shall be supported with the findings
required by Subsection '!c3" above.
Appeal to City Council
The applicant, or any other interested party, may 'appeal any
action of the Planning Commission with respect to the action,
or any condition imposed, to t'he City Council by filing a
written notice and paying applicable fees, as established by
resolution, to the Community Development Department within
seven (7) calendar days of the Planning Commission's action.
Upon receipt of an appeal, the Community Development
Department shall schedule the matter for consideration, giving
the same notice as provided under Subsection "c2" above.'
After consideration of the appeal, the City Council shall take
final action to approve, approve with conditions or deny the.
application. The City Council may uphold, modify or overrule
all or parts of the Planning Commission's action. Actions of
the City Council on Minor Adjustments, Conditional Use Permits
and other specified development applications shall be
supported with the findings required by Subsection "c3" above.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the day of , 1995.
JIM POTTS
Mayor
PAMELA STOKER
City Clerk