HomeMy WebLinkAboutPH 1 ZONING ORD 88-06 12-19-88AGENDA's'. _/~-., ~- ~'':~ ~ PUBLIC_ HEARING ;.qO._ l_
TO:
FROM:
SUBJECT:
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HONORABLE PAYOR AND NEMBERS OF THE CITY COUNCIL
COHPPJNITY DEVELOPHENT DEPARTHENT
ZONING ORDINANCE AP, ENDMENT 88-06; .ADDITION OF CODE SECTION 9273
(e) EXElqPTING LEGAL CONFORlqING PROPERTIES FROM BECOMING
NON-CONFORIqING DUE TO PUBLIC RIGHT-OF-NAY ACQUISITION BY THE CITY
RECOPmENDATION
®
It is recommended that Ordinance No. 88-1013 have its first reading by
title only.
2. It is recommended that Ordinance No. 88-1013 be introduced.
BACKGROUND
On November 14, 1988, the Planning Commission recommended to the City Council
Zoning Ordinance Amendment 88-06 (Resolution No. 2541, Attachment B), which
provides that any legal conforming land use, property, or building can maintain
its legal conforming status if City acquisition of right-of-way creates a-
non-conforming condition on the property. The new Code provision would read:
"Any use of land, building, or structure which is legal and conforming to
all provisions of this Zoning Code, as of the date of adoption of this
ordinance, and made "non-conforming" either in design or arrangement due to
acquisition of public right-of-way by the City, shall be exempt from a
non-conforming status and the provisions of Section 9273, Non-conforming
Structures and Uses, unless it is established by the Department of
Community Development that such use, building or structure, creates a
nuisance or is a threat to the health, welfare or well being of City
res i dents."
DISCUSSION '
.
Road widening projects often require the acquisition by the City of additional
right-of-way from private property owners. These acquisitions may from time to
time result in reduced building yard setbacks, lot area or other minimum
standards contained in the zoning code; resulting in a non-conforming property.
When this occurs, property owners' privilege of use and development of a
property may be reduced or limited despite the direct benefit that dedication of
their property to the City would have on City residents.
City Council Report
December 19, 1988
Zoning 0rdinance Amendment 88-06
Page two
Under the current provisions of the Tustin City Code relating to Non-conforming
Uses and Structures (Section 9273), a property whlch was at one time legal and
conforming to all the development standards but for some reason no longer
satisfies minimum zoning code requirements, would be considered legal
non-conforming (Attachment A). Lega.1 non-conforming uses and structures can not
be expanded or modified beyond the area which they presently occupy.
Staff belleves that labeltng a property non-conforming due to publtc acquisition
of right-of-way may result In an unnecessary hardship and may also be
Inequitable. Typically, the property o~ner dtd not create the non-conformlty by
hts o~n action, but rather by the Ctty for the beneflt of the community as a
whole.
D~lel Fox ~
Associate Planner
Christine Shfnglet0n J-
Dtrector of Community Development
DF:ts
Attachment: Draft City Council Ordinance 88-1013
Zoning Code g273
Planning Commission Resolution No. 2541
Community Developmen~ DeparTment
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' ...:':. ... '. .'... 9273~. r NON-¢O~'OP~t~N.G STIrrUPS ~a3 USF, S ,. ' ......
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.... ' .... (~) .. Z~ep~. ~" o~e'~ise pr~w~e~ :i~ ~s"Sec:ion, uses '~r land, buildings,
" or s~c~es e~s~ng ~ ~he '~ o~ Che"adop~on o~ ~is ~apcer .~y be con-. '~-
~inued~ ~1~hough ~e ~r~icular ~aj" 'or '~he b~Zd~ng 'or sc~ure does no~ con-
'.. ro~ ~o ~he xeguZa~ions specified by ~is Chap~er for ~he dis~xic~ in ~hich the
. ::. ~. ' P~i~Z~ b~laing or s~ucz~e is ~oca~ed, or. ~e is ~de~ provided, .h~evex~ .n0
.
.. non-con~o~ng s~c~e ox use of ~d ~y be ex~ended Co occupy a greater ~ea
... of Zana~ b~lding or s~uc~e ~. ~s.occupied a~ ~he ~i~e of the ~opCion
~his Chap~er. ~ ~y non-conro~ng use is d~sconC~nued or ~andoned,
seq~n~ .use of such l~d or building..s.hal1~ cOnfor~ to. ~he r~gulacions
· l~r~ion=,~e ~ ~exe~n, · 'non-¢on~o~ng use of a non-conf~ng build~g
~y.:be,.~ged ~o a~er Use o~ ,~he s~e or ~re. restrictive.
~he securing of a use ~xaiz. ~ ,the. oo~rconfo~ng ~e ~s replaced by a ~re .
res~xi~iv.e non-confo~ng ~e,. ~he occup~y ~hereaf~e'r ~y hOC rever~
restrictive ~e. Z~ any use ~s wholly discontinued for any reason except pursu~z
~o a valid order of a court, of law for a ~r~ of one (1).year,. i~ shall be
... concl~ively.~res~ed =ha= such use has been ~doned wi=bin =he meaning of
.... - =his ~ap=er, and all fu=ure uses shall. Comply wi=h ~e regufa=io~'of =he '
~-.....~. ~ar~cula= dis=rio= in which =he l~d or b~i, lding ~s loc~=ed. (Ord'.' No. 157,
· : ':"-' Sec. 6.1) .... ' .... ~'' "~''' '
~ap=er, w~ch is non-confo~ng either in use, design, or arrang~en=',':'shali
no=,.be enl~ged~ ex=e~, recons~uu=ed,' or s=~c=urally al=ered, ~less such
"' ' "- ' ' ' ' . ...... ' ,",; ~-. ;~' ·, {4. ' . ' ·.
. ~l~rg~e~=,..ex=e~lon, recons=~c=loa oF. al=~ra=ion is in compliance wi=h'
e~la=~ons .se= fo~ in =his Chad=er' for =he dis~ic= in which such building
s=~c~,..%s ~lRca=ed; 'Provided,',"h~e~er,'['~a='~ any su~ n'on-confo~ng U=lding
or..s=~~ .~y be ~in=~ned,." regaired 'or ~r=ions' =here0'[ replaced ~" so long
~ 's~ ~n~ce;' .r.emairs O= replace~'~ do 'n0= exceed~ fif=y 9ercen=
of ~ b~d~g~.s assess~ valaa=~o,.,:, ,~'Sh.~ Rn~ =he' las=. ~lized ~sess~n=
..
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~e ~la~i,g De~en= 'of =he ci=y _of ~s=~' ~y send, by cer=ified ~l,-
re=~,'receip= .r~ues=ed, =O ~e owner~" ~"sho~ on =he 'las= equalized ~sess-
men=,~ro~l; of '.~y .non~confo~ng buil~g or S=ruc=ure, or' of any'proper=y upon
whi~. ~y 'priOr non~confo~g .~e" exi~=s',"a"de~nd ~a= said ~ner .s~ll
fu~sh =o ~e Ci=y of' ~s=in 'a s~a=~en=,"~ ~er oa~'~ on' a fo~' s~==ed for
s~d p~se, seC=lng for~ a de=ailed des6rip=ion of said use."' Said
shall be filed wi=h ~e Pla~ng ~p~men=' '0f' =he Ci=y of Tus=in wi~in
(30) ~ys f~m =he dace of such de~d.~" ~ :~ny' fail=e =o duly file su~ a
s~=~n= as herein provi~d, s~d b~ld~g, sClc=ute a~ .~e s~ll confo~
all re~a~ons of =he zone' in w~ i~ is loca=ed wi=bin ~ir~y (30) days df=er
su~ f~l~e. (Ord. No. 310, Sec. 1}
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REV~ 1-82
LU-2-69
~ C/TX cO~E ~UL~ZA~U .. . -
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(c) . A non-conforming building, ~s~royed =o ~ ~n= of m~ ~ fifty
..... p~rcen= (50%) of i=s re~on~l~ value a= =h~ ~ of i~ d~s=~ion by fare,
. explosion. 0~....o~. c~l=y or ac= of ~,. ~Y b~ r~s=or~d or used only in c~-
. . , ....... . .. · , ~ --, ,..'(: , .~ . . ...
~-~:(' · (Ord~ No. 310, Sec. 2)
... ~...~ .(-'~ . (). :The pro~sio~ se= fo~ in'(b) a~' (c)' ~ov~, ~all apply
. .~'..~.(~ =~es, 1~ a~ uses W~ h~reaf=er be~ non-confo~ng d~ =o ~y
· . cl~sifica~on of dis~ic=s ~der =~s ~ap~r) provided, h~av~r, =~= p~lic
'' "'" ~es,~.p~lic. u=ili~y b~~gs ~d p~lic u=ili=y ~es e~s=ing ac ~e ci~ of
/'.~ '~e.~op=i°n of .~is ~ap=~r, or exis~ng a= ~ =i~ of r~cl~sifica=ion of
.
~s~ic=s~. s~ no= b~ considered non-'confo.~ng. (Ord. No. 319, Sec. 3)
, . , .,.. , .... . . . ., j ,','.. t. ·
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LO-2-70
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RESOL.UTI~N. NO..2541
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A' RESOLUTION OF THE PLAnNiNG COMMISSION OF THE CITY OF
TUSTIN RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
ZONING ORDINANCE AMENDMENT 88-6, EXEMPTING LEGAL
CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE
TO PUBLIC RIGHT-OF-WAY ACQUISITION BY THE CITY
The Planning Commt,sston of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds as follows:
A, A public hearing before the Planning Commission to consider
Zoning Ordinance Amendment 88-6 was duly called, noticed and held
on Monday, November 14, 1988.
B. A Negative Declaration has been prepared in conformance with the
California Environmental Quality Act; no significant, adverse
impacts are associated with this Zoning. Ordinance Amendment.
C. The subject amendment is in the best interest of the public
health, safety and welfare in that it will not penalize legal
confor~ng properties for becoming-non-conforming due to the
community wide benefit of public right-of-way acquisition by the
City.
D. The subject 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 Zoning Ordinance Amendment 88-6 as follows:
A. Section .9273 (e) shall be added to the Tustin City Code to read
as follows: "Any use of. land, building, or structure which is
legal and conforming to all provisions of this Zoning Code, as of
the date of adoption of this ordinance, and made "non-conforming"
either in design or arrangement due to acquisition of public
right-of-way by the City, shall be exempt from a non-conforming
status and the provisions of Section g372, Non-conforming
Structures and Uses, unless it is established by the Department
of Community Development that such use, building or structure
creates a nuisance or is a threat to the health, welfare or well
being of City residents."
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Resolution No. 2541
Page two'
.~,.b, :Planntna Commission of the
PASSED ANO ADOPTEO at a regula~-/~ettng of '~/'-~':Y~~[z-''JZ(.~:'
Clty of Tus~.ln, held on the .../~"~/~ davy of
1988.
Penn1 FOley '
Secretary
Chat rman'
o.
STATE OF. CAL[FORN[A )
COUNTY .OF ORANGE )
C[TY' OF TUSTZN )
[, PENN[[[ FOLEY, the undersigned, hereby certtfy that [ am the l~ecordtng
Secretary of the P]annt.ng Commission of the City of Tusttn, Ca]Jfornia; that
Resolution No, .~....~// ~as du]y passed and,adopted at..~-regu]ar_~etJng of
the ~stln Plannt~g co~lsston, he~d on the ,/' L/ -~ day of ~,/,"',,~'::~,/.',.~..,~/~.~ ,
198 ~.
PENN[ FOLEY
· Recordl.ng Secretary
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98
ORDINA:NCE NO. 88-1013
'AN ORDINANCE OF THE 'CITY COUNCIL OF THE cITy OF
TUSTIN, CALIFORNIA APPROVING ZONING ORDINANCE
AMENDMENT 88-06, EXEMPTING LEGAL CONFORMING
PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLIC
RIGHT-OF-WAY ACQUISITION BY THE CITY.
WHEREAS, on , the City Council of the City of
Tustin, California, Joeshereby ordai~ a~ follows'
Section 1. The City Council finds as follows'
A. A public hearing before the City Council to consider Zoning
Ordinance Amendment 88-06 was duly called, noticed, and
held on Monday, December 19, 1988.
B. A Negative Declaration has been prepared in conformance
with the California Environmental Quality Act; no
significant, adverse impacts are associated with this
Zoning Ordinance Amendment.
C. The subject amendment is in the best interest of the public
health, safety and welfare in that it will not penalize
legal conforming properties' for becoming non-conforming due
to the community wide benefit of public right-of-way
acqui si tion by the City.
D. The subject amendment is consistent with the General Plan
in that it will not negatively impact the orderly growth
and development of the City.
..
E. The Planning Commission has adopted Resolution No. 2541
recommending to the City Council approval of said document.
Section 2. The City Council does hereby approve Zoning Ordinance
Amendment 88-06 as follows'
A. Section 9273 (e) shall be'added to the Tustin City Code to
read as follows'
"Any use of land, building, or structure which is
legal and conforming to all provisions of this Zoning
Code, as of the date of adoption of this ordinance,
and made "non-conforming" either in design or
arrangement due to acquisition of public right-of-way
by the City, shall be exempt from a non-conforming
status and the provisions of Section 9273,
Non-conforming Structures and Uses, unless it is
established by the Department of Community Development
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Ordinance No. 88-1013
Page two
that such use, building or structure creates a
nuisance or is a threat to the health, welfare or well
being of City residents."
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1988.
Ursula E'eI Ken~6dy,
Mayor
Mary Wynn,
City Clerk