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HomeMy WebLinkAboutORD 1157 (1995) 1 ORDINANCE NO.. 1157 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9299, A PORTION OF CHAPTER 3 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 5 follows: 6 A. The Tustin City Code was amended in 1972 to establish the Office of a Zoning Administrator who would have certain 7 authority to grant minor adjustments to standards of development, as well as certain specified conditional use 8 permits and development applications.. 9 B. It has been determined that there is a need to improve processing efficiency for certain routine minor variations and 10 administrative actions. 11 C. The amendment will not have an adverse affect on the public health, safety or welfare on residents or businesses of the 12 city. 13 D. The amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development 14 of the City. 15 NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY ORDAIN as follows: 16 Section 1. Section 9299, et. seq., of Article 9, Chapter 2, Part 17 9 of the Tustin City Code entitled Zoning Administrator is hereby repealed in its entirety and a new Section 9299 et. seq., entitled 18 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 pursuant to Section 65900 et. seq., of the California 22 Government Code. 23 b. Duties 24 The Community Development Director, or his/her. designee, acting as the Zoning Administrator, shall have dual 25 responsibility with that of the Planning Commission to hear and decide in accordance with Council Policy and provisions oft 26 this Chapter, and has the authority to approve, conditionally approve or deny the following requests when such requests 27 constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations. The 28 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 ' A ~k Ordinance No..1157 Page 2 1 2 Administrator Variances in excess of the limitations prescribed in this subsection, or those development standards 3 not specifically listed in this subsection, shall be subject to the approval of a Variance by the Planning Commission. 4 Requests for Conditional Use Permits or other specified development applications not specifically listed in this 5 subsection shall be subject to the approval of a Conditional Use PermiE or other discretionary review by the Planning 6 Commission or other reviewing body as applicable. 7 1. Minor Adjustments: 8 a) A decrease of not more than 5% of the required building site area. 9 b) A decrease of not more than 10% of a required 10 building or landscaping setback. 11 c) An increase of not more than 20% in the maximum permitted height of a fence or wall, subject to 12 city approved structural design. 13 d) An increase of not more than 10% of the permitted projection of steps, stairways, landings, eaves, 14 cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required 15 building setback. 16 e) An increase of not more than 10% in the maximum permitted building height. 17 f) A decrease in the number of required off-street 18 parking spaces for non-residential land uses up to a maximum of 10%. 19 g) A decrease of not more than 10% fin the permitted 20 distances between detached accessory structures and main structures. 21 2. Variances when required by the City Code. 22 a) A decrease of not more than ten percent (10%) of an 23 individual required building site area. 24 b) An increase of not more than twenty percent (20%) of the permitted projection of steps, stairways, 25 landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces 26 into any required building setback. 27 c) A decrease of not more than twenty percent (20%) in the permitted distances between detached accessory 28 structures and main structures. Ordinance No. 1157 Page 3 1 2 d) A decrease in the number of required off-street parking spaces for non-residential land uses up to 3 a maximum of twenty percent (20%). 4 e) A decrease of not more than twenty percent (20%) in the required setbacks for buildings, landscaping, 5 swimming pools, spas and equipment. 6 3. Conditional Use Permits when required by the City Code': 7 a) Dish'antennas. 8 b) Bulk rending machines. 9 c) 'Large collection facilities. 10 d) On-Premise Dry Cleaning. 11 e) Minor CUPs for existing development where there would be no change of occupancy or primary use, 12 there would be no expansion of floor area, and the request would not alter the original intent of the 13 project or site. 14 f) On-site alcoholic beverage sales licenses for restaurants. 15 g) Secondhand sales when pawning is not included. 16 h) Development or construction of new buildings in the 17 Commercial General (CG) or Industrial (M) Districts where more than fifty (50) percent of the total 18 area, or any portion of the ground 'floor, is designated for occupancy by professional or general 19 offices. 20 i) Accessory buildings used as guest rooms. 21 j) Temporary Uses for a period of up to six (6) months. 22 4. Specified Development Applications: 23 a) Soil remediation activities, subject to the same 24 findings as required for a Conditional Use Permit° 25 b) Time extensions of not more than'12 months from the original expiration date for Minor Adjustments; 26 Conditional Use Permits, Variances, Design Reviews, subdivisions and other development applications; 27 subject to the same noticing requirements that were given at the time the project was originally 28 approved. Ordinance No. 1157 Page 4 1 2 c) Except where design review is required by the Planning Commission pursuant to an adopted specific 3 plan, (a) design review applications within redevelopment project areas; (b) minor design 4 reviews within redevelopment project areas which include modifications to existing structures and/or 5 existing facade or site modifications which constitute a change in three (3) or less major 6 design elements which do not result in a completed facade upgrade; (c) single family homes not part of 7 a subdivision, (d) residential room additions and (e) new or modified accessory structures associated 8 with existing development. 9 d) Amendment to Conditions of Approval established by Planning Commission or City Council. Condition 10 amendments that are determined by the Community Development Director to be minor in nature and will 11 not alter the original intent of the project or site. Examples would include changes to exterior 12 materials, colors, elevations, landscaping, walls/fences and hours of operation. 13 c. Application Process 14 1. Submittal Requirements -. Applications for Minor 15 Adjustments, Conditional Use Permits or other specified development applications that would be subject to action 16 by the Zoning Administrator shall be filed with the Community Development Department pursuant to the 17 Department!s current application procedures and fee schedule. Applications should be accompanied by a 18 written description as to how the applicable positive findings for the project type applied for identified in 19 Subsection 3 below can be justified. A single application may include more than one request applicable 20 to the same project. Applications subject to action by the Zoning Administrator shall be processed and approved, 21 conditionally approved or denied within the time limits established by state law for actions of development 22 projects. 23 2. Public Hearinq and Noticing Requirements ~ Upon determination that an application is complete, the 24 Community Development Department shall schedule the matter for consideration by the Zoning Administrator. If 25 a public hearing is required for the type of application considered, notice of such public hearing shall be given 26 pursuant to Government Code Section 65091. Minor Adjustments shall be considered by the Zoning 27 Administrator without a public hearing. Additional noticing time as specified in Government Code Section 28 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. Ordinance No. 1157 Page 5 1 2 3. Required Findinqs 3 (a) Minor Adjustments may be granted only when such' adjustments are found to be in conformance with the 4 General Plan and When, because of special circumstances applicable to the property, including 5 size, shape, topography, or surroundings, the strict application of the Zoning Ordinance is found 6 to deprive the subject property of privileges enjoyed by other properties in the vicinity and 7 under identical zone classification. Any Minor Adjustment granted shall be subject to such 8 conditions as will assure that the adjustment thereby authorized shall not constitute a grant.of 9 special privilege inconsistent with the limitations upon other properties in the vicinity and district 10 in which the subject property is situated. 11 Minor Adjustment to reduce the required amount of parking shall be granted only when, in addition to 12 the findings above, the following findings can also be made: 13 1) The intent of the parking regulations is 14 preserved; 15 2) The parking provided will be sufficient to serve the use intended and potential future 16 uses of the same site; and 17 3) The adjusted decrease in the number of parking spaces shall not be detrimental to the public 18 health, safety or general welfare or materially injurious to properties located in 19 the general vicinity. 20 b. Variances may be granted only when such variances are found to be in conformance with the General 21 Plan and when because of special circumstances applicable to the-property, including size, shape, 22 topography, or surroundings, the strict application of the Zoning Code is found to deprive the property 23 of privileges enjoyed by other properties in the vicinity and underidentified zone classification. 24 c. ConditionalUse Permits may be granted only when 25 such conditional use permits are found to be in conformance with the General Plan and when the -26 establishment, maintenance, or operation of the use applied for will not, under the circumstances 27 of the particular use, be detrimental to the health, safety, morals, comfort and general welfare 28 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. Ordinance No. 1157 Page 6 1 2 d. Design Review Applications may be approved only if such applications are found to be in conformance 3 with the General Plan and if the location, size, architectural features and general appearance of 4 the proposed development will not impair the orderly and harmonious development of the area, the 5 present or future development therein, the occupancy thereof,,or the community as a whole. In 6 making such findings, the following items shall be considered: 7 1) Height, bulk and area of buildings 8 2) Setbacks and site planning 3) Exterior materials and colors 9 4) Type and pitch of roofs 5) Size and spacing of windows, doors and'other 10 openings 6) Towers, chimneys, 'roof structures., flagpoles, 11 radio and television antennae 7) Landscaping, parking area design and traffic 12 circulation 8) Location, height. and standards of exterior 13 illumination 9) Location and appearance of equipment located 14 outside of an enclosed structure 10 Location and method of.refuse storage 15 11 Physical relationship of proposed structures in the neighborhood 16 12 Appearance and design relationship of proposed structures to existing structures and possible 17 future structures in the neighborhood and public thoroughfares 18 13 Proposed signing 14 Development guideline and criteria as adopted 19 by the City Council 20 4. Zoninq Administrator Action - After consideration of the application, and after making the appropriate findings as 21 required above, the Zoning Administrator shall take' action to approve, approve with conditions or deny the 22 application. Notice of actions taken by the Zoning Administrator shall be transmitted to the applicant, 23 Planning Commission and City Council prior to the end of the appeal period and shall be determined to be final 24 unless appealed pursuant to Subsection "d" below. The Zoning Administrator shall provide notice to the 25 applicant within two business days following the action. 26 e. Appeal to Planning Commission/Redevelopment Agency 27 The applicant, or any other interested party, may appeal any action of the Zoning Administrator with respect to the action, 28 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 Ordinance No. 1155 Page 7 1 2 resolution, to the Community Development Department within seven (7) calendar days of the Zoning Administrator's action. 3 Upon receipt of an appeal, the Community Development Department shall schedule the matter for consideration, giving 4 the same notice as provided under Subsection "c2" above. 5 After consideration of the appeal, the Planning Commission or Redevelopment Agency shall take action to approve, approve 6 with conditions or deny the application. The Planning Commission or Redevelopment Agency may uphold, modify. or 7 overrule all or parts of the Zoning Administrators's action. Actions of the Planning Commission or Redevelopment Agency on 8 Minor Adjustments, Conditional Use Permits and other specified development applications shall be supported with the findings 9 required by Subsection "c3" above. 10 f. Appeal to City Council 11 The applicant, or any other interested party, may 'appeal any action of the Planning Commission with respect to the action, 12 or any condition imposed, to the City Council by filing a written notice and paying applicable fees, as established by 13 resolution, to the Community Development Department within seven (7) calendar days of the Planning Commission's action. 14 Upon receipt of an appeal, the Community Development Department shall schedule the matter for consideration, giving 15 the same notice as provided under Subsection "c2" above. 16 After consideration of the appeal, the City Council shall take final action to approve, approve with conditions or deny the 17 application. The City Council may uphold, modify or overrule all or parts of the Planning Commission's action. Actions of 18 the City Council on Minor Adjustments, Conditional Use Permits and other specified development applications shall be 19 supported with the findings required by Subsection "c3" above. 20 PASSED AND ADOPTED at a regular meeting of the City Council of the 21 City of Tustin held on the 4th day of December, 1995. 22 PAMELA STOKER ~ 27 City Clerk 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )-SS CITY OF TUSTIN ) ORDINANCE NO. 1157 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 five; that the above and foregoing Ordinance No. 1157 was introduced at a regular meeting of the City Council held on November 20, 1995 and was passed and adopted at a regular meeting of the City Council held on December 4, 1995 by the following vote: COUNCILMEMBER AYES: Potts, Worley, Doyle, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Saltarelli Pamel~t~Stoker~ Cit~