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HomeMy WebLinkAboutORD 451 (1969) ORDINANCE NO. 451 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE AND THE ZONING 1 ORDINANCE, ORDINANCE NO. 157 AS AMENDED, RELATING ~ TO CITY FEES The CityCouncil of the City of Tustin, California, hereby ordains as follows: 4 Section ~: The definition of "Street commissioner and 5 commissioner" contained in Section 8A-26 of the Tustin City Code is hereby amended to read as follows: "Street commissioner and commissioner. The City Engineer of the City of Tustin." 8 Section II: Section 8A-43 of the TustinCity Code is hereby amehded to read as follows: 9 "Sec. 8A-43 Fee 10 Each application for a permit shall be accompanied by an issuance fee of one dollar, no part of which shall 11 be returned to the applicant regardless'of the action 12 taken on the application. Each application shall further be accompanied by an inspection fee established 15 by resolution, but not to exceed thre~ per cent of the estimated cost of the work to be inspected by the' 14 commissioner." 15 Section III: Paragraph (e) of Section 8A-51 of the Tustin City Code is hereby amended to read as follows: 16 "(e) The cost of inspection by the commissioner if 17 it has not otherwise been paid." 18 Section IV: The definition of "Street commissioner and commissioner" contained in Section 17-8 of the Tustin City Code is 19 hereby amended to read as follows: 20 "Street commissioner and commissioner. The City Engineer of the City of Tustin." 21 Section ~: Section 17-15 of the Tustin City Code is 2~ hereby amended to read as follows: "Set. 17-15 Same--EnKineerin~ and Ipspection Fee 24 An applicant for a permit to construct any work shall in addition to the issuance fee pay an engineering ~5 review and inspection fee established by resolution, but not to exceed three per cent of the estimated cost 26 of the work to be inspected by the commissioner." If the applicant i~ a public agency the commissioner may ~7 collect a deposit and charge said agency an engineering review and inspection fee based on the actual cost of 28 work performed by the City providing said fee does not exceed three per cent of the estimated cost of the 29 work to be inspected." 50 Section VI: Section 17-17 of the Tustin City Code is hereby amended to read as follows: 51 ' ~'Se~0 17_-17 Same--Same.--Ref~pd ~ ~ The engineering review and inspection costs.~ provided for in section 17-15 shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless (1) the'fee was erroneously collected or (2) the work is not accomplished, In such case the commissioner may refund the balance of the fee after.deducting the estimated cost of review and inspection actually accomplished and including the cost of any final inspection," SectiOn VII: Paragraph (a) of Section 18-10 of the. Tustin CitF Code is hereby amended to read as follows: "(a) Five copies of a tentative map and owner's statement of the proposed subdivision of any land shall be filed with the Planning Corf~nission at least fifteen days prior to the meeting at which consideration is desired, together with a filing fee of one dollar per lot~ but ~ith a minimum fee of. fifty dollars, When a tentative map is filed having more than one tract number, the fee shall be cal- culated on the basis of one tentative map and the' sum of all Costs shown thereon°" Section VIII:~ Section 18-14 of the Tustin City Cod~ is hereby amended to read as follows: Sec. 18-14' Filing; · checkinM fee Except asprovided in subsection (c) of section 18-13, and within one year'after approval or conditional approval of the tentative map, the subdivider shall cause the subdivision or any part there'of, to be surveyed and a permanent map thereof prepared in conformance with th~ tentative map as approved or condit~onallyapprovedo The tracing in two blue line or black line prints of the final map shall be filed with the Planning C~ission, together with a checking fee, in addition to all other fees, charges and deposits required by law, of'one dollar for each numbered lot shown upon such map, but with a minimum fee of fifty dollars, An extension of time=for.filing the final map may be granted by the City Council upon recommendation of the Planning 'Commission, provided written application is made by the subdivider within one year after action on the tentative map° In the case of a reversion to acreage, no survey need be made unless deemed necessary by the City Engineer. SectiOn IX: Paragraphs (b) and (c) of SeCtion 18-25 of the Tustin City Code is hereby amended as follows: "(b) Improvement work shall not be con~enced until plans and profiles for such work have been submitted to and approved by =the City Engineer° Such plans may be re- quired before approval ofthe final~map and shall be accompanied by an improvement plan checking and construction inspection fee established by resol~tion, but not to exceed three per cent of the estimated cost of the work to be inspected by the City. All such plans and profiles shall be prepared on tracing cloth in accordance with the require- ments of the City Engineer. (c) All required improvements shall be constructed under 4 the inspection of and to the approval of the City Engineer. Cost of inspection is included in the improvement plan 5 checking and construction inspection fee which shall be paid by the subdivider." 6 Section X: Sections 7.210, 7.320, 8.200 and 9.300 of the q Zoning Ordknance, Ordinance No. 157, as amended, are hereby amended to read as follows: 8 "7.210 Application for use permits shall be made 9 in writing by the owners of the property, lessee, purchaser in escrow, or optionee, with the consent of 10 the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed 11 by the Planning Commission of the City of Tustin. The application shall be accompanied by a fee of o.ne 1Z hundred dollars ($100.00) and plans showing the details of the proposed use to be made of the land or building." "7.320 Application for variance shall be made in w-titing 14 by a property owner, lessee, purchaser in escrow, or optionee with the consent of the~'ownerS,'or.~t~intlff 15 in an action for eminent domain for acquisition of said property, on a form prescribed by the Planning Commission 16 of the City of Tustin. They shall be accompanied by a fee of one hundred twenty-five dollars ($125o00)f:a 17 plan of the details of the variance requested, and evidence showing (1) that the granting of the variance will not be 18 contrary to the intent of this ordinance or to the public safety,'health and welfare, and (2) that due to special 19 conditions or exceptional characteristics of the property, or its location, the strict application of this ordinance ZO would result in practical difficulties and unnecessary Z1 hardship." "8.200 Appeals shall be made in writing and filed with the City Clerk, together with a filing fee of thirty dollaFs ($30.00), within five (5) days after the final action of the Planning Commission. Upon receipt of notice of such appeal the City Clerk shall set a time within forty-five (45) days after the receipt of such notice of a public hearing on said appeal, notice of such hearing shall be given as set forth in Section 10 hereof° The City Clerk shall also notify the Planning Commission of the City of Tustin of such appeal°" ,~ 27 "9~300 Any amendment of the nature specified in Section 9°200 hereof may be initiated by (1) the filing with the 28 TustinPlanning Commission of a resolution of intention of the Council of the City of Tustin; (2) passage of a 29 resolution of intention by the Tustin Planning COmmission, or (3) filing with the Planning Commission of a petition 50 of one or more record owners of property Which iS the - 3 - i agents. A petition for amendment shall be designated therefor by the Tustin Planning Commission 2 and shall be accompanied by.a fee of two hundred fifty dollars ( $250 o 00) ° PASSED AND ADOPTED at a regular meeting of the ,City Council of the Gity of Tustin, held on the 1st day of December, 1969. 8 MAYOR 10 ATTEST: 13 YI . 14 16 ? 18 19 21 24 26 27 30 , 51 32 STATE' OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, 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. ~ ,451 was duly and regularly introduced and read at a regular meeting of the City Council held on the 17th day of .' November . 1969. and was given its second reading and duly passed ~nd adopted at a regular meeting held on the _l_St day of December . 1969. by the following vote: AYES: COUNGIIMEN COCOt L. MILLER, MARSTERS, OSTER NOES: COUNCIIMEN NONE ABSENT: COUNCIIMEN C. MILLER ". City ~lerk~of Tustin. California