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HomeMy WebLinkAboutORD 1116 (1994) CORRECTED ORDINANCE NO. 1116 PLEASE DISCARD ALL OTHER COPIES 1 ORDINANCE NO. 1116 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 3 CALIFORNIA, AMENDING SECTION 9299, A PORTION OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO THE 4 OFFICE OF THE ZONING ADMINISTRATOR 5 The City Council of the City of Tustin finds and determines as follows: 6 A. The Tustin City Code was amended in 1972 to establish the 7 Office of a Zoning Administrator whoI would have certain authority to grant minor adjustments to standards of 8 development, as well as certain specified conditional use permits and development applications. 9 B. It has been determined that there is a need to improve 10 processing efficiency for certain routine minor variations and administrative actions. 11 C. The amendment will not have an adverse affect on the public 12 health, safety or welfare on residents or businesses of the city. 13 D. The amendment is consistent with the'General Plan in that it 14 will not negatively impact the orderly growth and development of the City. 15 NOW, THEREFORE, the City Council of the City of Tustin DOES 16 HEREBY ORDAIN as follows: 17 Section 1. Section 9299, et. seq., of Article 9, Chapter 2, Part 9 of the Tustin City Code entitled Zoning Administrator is hereby 18 repealed in its entirety and a new Section 9299 et. seq., entitled Zoning Administrator, is added to read as follows: 19 9299 ZONING ADMINISTRATOR 20 a. Office Created 21 An Office of the Zoning Administrator is hereby created 22 pursuant to Section 65900 et. seq., of the California Government Code. 23 b. Duties 24 The Community Development Director, or his/her designee, 25 acting as the zoning Administrator, shall have dual responsibility with that of the Planning Commission to hear 26 and decide in accordance with Council Policy and provisions of this Chapter, and has the authority to approve, conditionally 27 approve or deny the following requests when such requests constitute a reasonable use of property not permissible under 28 a strict literal interpretation of the regulations. The Ordinance No. 1116 Page 2 1 2 Zoning Administrator reserves the right to forward any matter 3 listed below to the Planning Commission for consideration and action. Requests for Minor Adjustments in excess of the 4 limitations prescribed in this subsection, or those development standards not specifically listed in this 5 subsection, shall be subject to the approval of a Variance by the Planning Commission. Requests for Conditional Use Permits 6 or other specified development applications not specifically listed in this subsection shall be subject to the approval of 7 a Conditional Use Permit or other discretionary review by the Planning Commissionor other reviewing body as applicable. 8 1. Minor Adjustments: 9 a) A decrease of not more than 5% of the required 10 building site area. 11 ~ b) A decrease of not more than 10% of a required building or landscaping setback. 12 c) An increase of not more than 20% in the maximum 13 permitted height of a fence or wall, subject to city approved structural design. 14 d) An increase of not more than 10% of the permitted 15 projection of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, 16 raised porches and fireplaces into any required building setback. 17 e) An increase of not more than 10% in the maximum 18 permitted building height. 19 f) A decrease in the number of required off-street parking spaces for non-residential land uses up to 20 a maximum of 10%. 21 g) A decrease of not more than 10% in the permitted distances between detached accessory structures and 22 main structures. 23 2. Conditional Use Permits when required by the City Code: 24 a) Dish antennas. 25 b) Bulk vending machines. 26 c) Large collection facilities. 27 d) On-Premise Dry Cleaning. 28 Ordinance No. 1116 Page 3 1 2 e) Minor CUPs for existing development where there 3 would be no change of occupancy or primary use, there would be no expansion of floor area, and the 4 request would not alter the original intent of the project or site. 5 3. Specified Development Applications: 6 a) Soil remediation activities, subject to the same 7 findings as required for a Conditional Use Permit. 8 b) Time extensions of not more than 12 months from the original expiration date for Minor Adjustments, 9 Conditional Use Permits, Variances, Design Reviews, subdivisions and other development applications, 10 subject to the same noticing requirements that was given at the time the project was originally 11 approved.' 12 c) Design Review applications Within Redevelopment Project Areas, except where Design Review is 13 required by the Planning Commission pursuant to an adopted Specific Plan. 14 c. Application Process 15 1. Submittal Requirements - Applications for Minor 16 Adjustments, Conditional Use Permits or other specified development applications that wouldbe subject to action 17 by the Zoning Administrator shall be filed with the Community Development Department pursuant to the 18 Department's current application procedures and fee schedule. Applications should be accompanied with a 19 written description as to how the applicable positive findings for the project type applied for identified in 20 Subsection 3 below can be justified. A single application may include more than one request applicable 21 to thelsame project. Applications subject to action by the Zoning Administrator shall be processed and approved, 22 conditionally approved or denied within the time limits established by state law for actions of development 23 projects. 24 25 26 / 27 28 Ordinance No. 1116 Page 4 1 2 3 2. Public Hearinq and Noticing Requirement~ . Upon determination of a complete application, the Community 4 Development Department shall schedule the matter for consideration by the Zoning Administrator. If a public 5 hearing is required for the type of application considered, notice of such public hearing shall be given 6 pursuant to Government Code S~ction 65091. Minor Adjustments shall be considered by the Zoning 7 Administrator without a public hearing. Additional noticing time as specified in Government Code Section 8 65091 may be required to comply with noticing requirements of the California Environmental Quality Act. 9 In the event of a conflict between required noticing times, the longer time shall be given. 10 ~3. Required Findings 11 (a) Minor Adjustments shall be granted only when such 12 adjustments are found to be in conformance with the General Plan and when, because of special 13 circumstances applicable to the property,. including size, shape, topography, or surroundings, the 14 strict application of the Zoning Ordinance is found to deprive the subject property of privileges 15 enjoyed by' other properties in the vicinity and under identical zone classification. Any Minor 16 Adjustment granted shall be subject to such conditions as will assure that the adjustment 17 thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations 18 upon other properties in the vicinity and district in which the subject property is situated.. 19 Minor Adjustment to reduce the required amount of 20 parking shall be granted only when, in addition to the findings above, the following findings can also 21 be made: 22 1) The intent of the parking regulations is 23 preserved; 24 2) The parking provided will be sufficient to serve the use intended and potential future 25 uses of the same site; and 26 27 28 Ordinance No. 1116 Page 5 1 2 3 3) The adjusted decrease in the number of parking spaces shall not be detrimental to the public 4 health, safety or general welfare or materially injurious to properties located in 5 the general vicinity. 6 b. Conditional Use Permits shail be granted only when such conditional use permits are found to be in 7 conformance with the General Plan and when the establishment, maintenance, or operation of the 8 use applied for will not, under the circumstances of the particular use, be detrimental to the 9 health, safety, morals, comfort and general welfare of the persons residing or working in the 10 neighborhood of such proposed use, or injurious or detrimental to property and improvements in the 11 ~ neighborhood or the general welfare of the City. 12 c. Design Review Applications shall be approved if such applications are found to be in conformance 13 with the General Plan and if the location, size, architectural features and general appearance of 14 the proposed development will not impair the orderly and harmonious development of the area, the 15 present or future development therein, the occupancy thereof, or the community as a whole. In 16 making such findings, the following items shall be considered: 17 1) Height, bulk and area of buildings 18 2) Setbacks and site planning 3) Exterior materials and colors 19 4) Type and pitch of roofs 5) Size and spacing of widows, doors and other 20 openings 6) Towers, chimneys, roof structures, flagpoles, 21 radio and television antennae 7) Landscaping, parking area design and traffic 22 circulation 8) Location, height and standards of exterior 23 illumination 9) Location and appearance of equipment located 24 outside of an enclosed structure 10) Location and method of refuse storage 25 11) Physical relationship of proposed structures in the neighborhood 26 27 28 Ordinance No. 1116 Page 6 1 3 12) Appearance and design relationship of proposed structures to existing structures and possible 4 future structures in the neighborhood and public thoroughfares 5 13) Proposed signing 14) Development guideline ~nd criteria as adopted 6 by the City Council 7 4. Zoninq Administrator Action - After consideration of the application, and after making the appropriate findings as 8 required above, the Zoning Administrator shall take action to approve, approve with conditions or deny the 9 application. Notice of actions taken by the Zoning Administrator shall. be transmitted to the applicant, 10 Planning Commission and City Council prior to the end of the appeal period and shall be determined to be final 11 ~ unless appealed pursuant to Subsection "d" below. 12 d. Appeal to Planning Commission/Redevelopment Agency 13 The applicant, or any other interested party, may appeal any action of the Zoning Administrator with respect to the action, 14 or any condition imposed, to the Planning Commission, or an appeal of a Design Review application within a Redevelopment 15 Project Area to the Redevelopment Agency, by filing a written notice and paying applicable fees, as established by 16 resolution, to the Community Development Department within seven (7) calendar days of the Zoning Administrator,s action. 17 Upon receipt of an appeal, the Community Development Department shall schedule the matter for consideration, giving 18 the same notice as provided under Subsection "c2" above. 19 After consideration of the appeal, the Planning Commission or Redevelopment Agency shall take action to approve, approve 20 with conditions or deny the application. The Planning Commission or Redevelopment Agency may uphold, modify or 21 overrule all or parts of the Zoning Administrators,s action. Actions of the Planning Commission or Redevelopment Agency on 22 Minor Adjustments, Conditional Use Permits and other specified development applications shall be supported with the findings 23 required by Subsection "c3" above. 24 25 26 27 28 Ordinance No. 1116 Page 7 1 2 3 e. Appeal to City Council 4 The applicant, or any other interested party, may appeal any action of the Planning Commission or Redevelopment Agency with 5 respect to the action, or any condition imposed, to the City Council by filing a written notice and paying applicable fees, 6 as established by resolution, to the Community Development Department within seven (7) calendar days of the Planning 7 Commission's or Redevelopment Agency's action. Upon receipt of an appeal, the Community Development Department shall 8 schedule the matter for consideration, giving the same notice as provided under Subsection "c2" above. 9 After consideration of the appeal, the City Council shall take 10 final action to approve, approve with conditions or deny the application. The City Council may uphold, modify or overrule 11 ~ all or parts of the Planning Commission's or Redevelopment Agency's action. Actions of the City Council on Minor 12 Adjustments, Conditional Use Permits and other specified development applications shall be supported with the findings 13 required by Subsection "c3" above. 14 PASSED AND ADOPTED at a regular meeting of the City Council of the 15 City of Tustin held on the 16th day of May, 1994. 16 ~~~ 17 THOMAS R. S~TARELLI Mayor 18 ~ ~, l~ ~ City 20 21 22 23 24 25 26 27 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1116 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 Ordinance No. 1116 was introduced at a regular meeting of the City Council held on May 2, 1994 and was passed and adopted at a regular meeting of the City Council held on ~a~ 16, 1994, by the following vote: COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. ~nn, erk