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HomeMy WebLinkAboutNS-0989ORDINANCE NS-989 AM_ENDING ARTICLE IX OF THE SANTA ANA MUNICIPAL CODE BY AMENDING PART 5 OF CHAPTER 2 THEREOF CONCERNING CONDITIONAL USE PERMITS, VARIANCES, AND AMENDMENTS, AND THE ESTABLISHMENT OF A PROCEDURE FOR FILING MINOR EXCEPTIONS W}{EREAS, the Planning Commission has formally recommended to this Body that amendments be made to those portions of the Santa Ana Municipal Code concerning Conditional Use Permits, variances, and Amendments and establishment of a procedure for filing minor exceptions; and W}{EREAS, the City Council has approved and adopted said recommendations as its own; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by repealing and re-enacting Part 5 of Chapter 2, Article IX thereof to read in words and figures, as follows: Part 5 - CONDITIONAL USE PERMITS, VARIANCES, MINOR EXCEPTIONS, AMENDMENTS Section (a) 9250. Planning Commission Duties. The Planning Commission is hereby authorized under conditions herein provided to grant Minor Exceptions to, and Variances from the provisions of this Chapter, and to grant Conditional Use Permits for uses in any zone in which such uses may be conditionally permitted. (b) Further, the Planning Commission may delegate to the Zoning Administrator authority to act on any specific type of Variance, Minor Exception, or Conditional Use Permit. Such delegation of authority shall be made by formal resolution and shall be confirmed by action of the city Council. The withdrawal of any authority so delegated to the Zoning Administrator may be accomplished in the same manner as the authority was originally delegated or by formal resolution of the City Council. Section 9250.1. Zoning Administrator. Powers and Duties. The Zoning Administrator is authorized to act on Minor Exceptions, Variances and Conditional Use Permits within the limitations imposed on the Planning Commission by this Chapter when the authority to so act has been delegated as prescribed in this Part. Section (a) 9250.2. Conditional Use Permit, Variance, and Minor Exception Applications. In accordance with the procedures outlined in this Part, application may be made for: (1) Conditional Use Permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted. (2) Variance to use land or buildings in a manner at variance with the provisions of the Zoning Ordinance, or in lieu of a Variance. (3) Minor Exception to obtain a waiver or modification of those Zoning Ordinance provisions which pertain to the following: -1- (a) Lineal dimension of yards. Modifications granted shall not exceed by more than ~wen~y percent (20%) the minimum requirements. (b) Separation between buildings and other struc- tures. Modifications granted shall not exceed by more than fifty percent (50%) the minimum requirement. (c) Lot coverage. Modifications granted shall not exceed by more than tw~n~y percent (20%) the maximum coverage permitted. (d) Height of buildings. Modifications granted shall not exceed by more than twenty-five percent (25%) the maximum height permitted. (e) Signs. Area modifications granted shall not exceed by more than twenty percent (20%) the maximum area permitted. (f) Setback and future right of way lines. (g) Offstreet parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty percent (20%) the minimum ordinance requirement. (h) Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open. (i) Walls and fences. (j) Temporary office trailers may be approved for a period of eighteen (18) months with a maximum extension of time of one (1) year subject to the approval of the Zoning Administrator. (k) Any other regulation that the Planning Commission may from time to time declare. (b) Application for a Conditional Use Permit, Variance or Minor Exception may be made by the owner or agent of the owner of the property affected, or it may be initiated by the Planning Department, Planning Commission or Council. Section 9250.3. Form and Content. Application for Conditional Use Permit, variance or Minor Exception shall be in writing and filed in the City Planning Department upon forms provided by the Department and shall include the following information: (a) A full statement of the special circumstances and condi- tions relied upon as grounds for application. (b) An outline of the proposed use, including adequate plans and a legal description of the property involved. (c) For Variance or Conditional Use Permit applications, a list of the names and addresses of all property owners within three hundred (300) feet of the exterior boundaries of the property involved as shown on the latest available tax roll. (d) For Minor Exception application, a list of the names and addresses of all owners of abutting property as shown on the latest available tax roll, including those that would have conterminous property lines if such lines were ex- tended to the center lines of public rights of way. (e) Each application shall be signed by the record owner or agent for the owner if notarized certificate of Power of Attorney is filed with the application. -2- The Planning Director may, at his discretion, require the names and addresses of property owners within a distance greater than three hundred (300) feet of the exterior boundaries of the property involved in the application for a Variance or Conditional Use Permit. Section 9250.4. Filinq Fees. At the time an application is filed, the applicant shall pay the following fee: (a) For Minor Exceptions, the sum of ten (10) dollars. (b) For Variance, the sum of one hundred (100) dollars. (c) For Conditional Use Permit, the sum of one hundred (100) dollars. (d) For appeal to the Council, the sum of fifteen (15) dollars. (e) Ail governmental agencies are exempt from the above fees. Section 9250.5. Hearinq. Hearing Date. Upon the filing for a Variance or Conditional Use Permit, the Director of Planning shall set the application for public hearing at a regular or an adjourned meeting which is to be held not less than seven (7) days n~r more than forty-five (45) days after the filing date. Upon the filing for a Minor Exception, the Director of Planning shall set the application for public hearing at a regular or adjourned meeting which is to be held not less than five (5) days nor more than fifteen (15) days after the filing date. Section 9250.6. Notice of Hearing. The Director of Planning shall give or cause to be given notice of the time and purpose of such hearing by mailing notices at least five (5) days prior to the date of such hearing to the owners of all property within the area hereinbefore designated in this Part. Section 9250.7. Hearing Date. Continuances. Upon the date set for a hearing the Council, Planning Com- mission, or Zoning Administrator may on that date continue the matter. If a date for the continued hearing is thereupon announced in open meeting, no further notice thereof need be given. Section 9250.8. Decision by Council, Planning Commission and Zoning Administrator on Minor Exceptions, Variances and Conditional Use Permits and Appeals. (a) The Council, Planning Commission and Zoning Administrator may grant according to the procedure outlined in this Chapter: (1) Conditional Use Permits for specific uses located at a particular location when it shall be deemed: (a) To be necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community; and (b) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and -3- (c) That the proposed use will comply with the regulations and conditions specified in this Chapter for such use; and (d) That granting of this Conditional Use will not adversely affect the General Plan of the city. (2) Variances from and Minor Exceptions to the Zoning Provisions of the Municipal Code when it appears that all of the following have been established: (a) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. (b) That the granting of a Variance or Minor Exception is necessary for the preservation and enjoyment of one or more substantial prop- erty rights. (c) That the granting of a Variance or Minor Exception will not be materially detrimental to the public welfare or injurious to surrounding property. (d) That the granting of a Variance or Minor Exception will not adversely affect the General Plan of the City. (b) In granting any Conditional Use Permit, Variance or Minor Exception, the Zoning Administrator, Planning Commission or Council may impose such conditions as are deemed necessary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this Article. Section 9250.9. Planning Commission to Make Finding of Fact. In granting or denying a Variance, Conditional Use Permit or Minor Exception, the Planning Commission shall make a written finding which shall specify all facts relied upon by said Com- mission in rendering its decision and in attaching conditions and safeguards. A copy of the decision of the Planning Com- mission, together with the written Finding of Fact, shall be filed with the Clerk of the Council, with the City Planning Department, and mailed to the applicant. All decisions of the Planning Commission may be reviewed by the City Council as set forth in Section 9250.11. Section 9250.10. Zoning Administrator to Make Finding of Fact. Referral to Planning Commission for Hearing. In granting or denying a Conditional Use Permit, Variance or Minor Exception, when authority to so act has been authorized in the manner prescribed in Section 9250, paragraph (b) of this Part, the Zoning Administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with the written Finding of Fact shall be filed with the Clerk of the Council, with the Planning Com- mission, with the City Planning Department, and mailed to the applicant.' All decisions of the Zoning Administrator on appli- cations for Conditional Use Permits and Variances shall be reviewed by the Planning Commission. All decisions of the Zoning Administrator on applications for Minor Exceptions shall be final and need not be reviewed by the Planning Commission. -4- In the event the Zoning Administrator is of the opinion any Conditional Use Permit, Variance or Minor Exception request is of such magnitude as to be of special interest to the people of the City of Santa Ana and the Planning Commission, he may continue the hearing to the next regularly scheduled meeting of the Planning Commission, who shall then process the appli- cation in the manner prescribed in Section 9250.9 of this Part. Section 9250.11. Review of Decision of Planninq Commission by ~ity Council. Upon the filing, by the Planning Commission, of a written finding of fact with the Clerk of the Council, the Council may review said finding. If the Council is dissatisfied with the action of the Plan- ning Commission or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City of Santa Ana it may, by majority vote, set the matter for a public hearing to be held at a regular or adjourned meeting with public notification made by the Planning Department as was required for the initial hearing; otherwise, all decisions of the Planning Commission shall be final. Section 9250.12. Review by the Planninq Commission of Zoninq Administrator Decisions on Conditional Use Permit and Variance Applications. Upon the filing with the Planning Department a written Finding of Fact of a Zoning Administrator decision on a Conditional Use Permit or Variance Application, the Planning Director shall cause said finding to be submitted to the Planning Commission at its next regular or adjourned meeting. The Planning Commission shall review said Finding of Fact and if, in its judgment, the Zoning Administrator reached a decision that was just and within the limits imposed by this Part, then by minute order the action of the Zoning Adminis- trator shall be confirmed and forwarded to the Council for its review, as set forth in Section 9250.13, with the full weight and authority of both the Zoning Administrator and Planning Commission substantiating the action. If the Planning Commission is dissatisfied with the action taken by the Zoning Administrator, or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City of Santa Ana, it shall, by majority vote, direct the Planning Director to set the matter for a public hearing by the Council. Said hearing shall be held at the earliest possible regular or adjourned meeting with the public notification as was required for the initial hearing. Section 9250.13. Review of Decision of Zoninq Administrator and Confirmation of Planninq Commission by the Council. Upon the receipt of a written finding of fact filed with the Clerk of the Council by the Planning Commission, along with a minute order affirming the action of the Zoning Administrator, the Council may review said finding and confirmation. If the Council is dissatisfied with the action of the Zoning Administrator and the confirmation by the Planning Commission, or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the City of Santa Ana it may, by majority vote, set the matter for a public hearing at a regular or adjourned meeting with public notification made by the Planning Department as was required for the initial hearing; otherwise, all decisions of the Planning Commission shall be final. -5- Section 9250.14. Appeals from Decisions of the Planninq Com- mission and/or Zoning Administrator on Conditional Use Permit, Variance and Minor Exception Applications. (a) An appeal from a decision or requirement of the Planning Commission or Zoning Administrator may be made by any interested party, individual or group. (b) Any appeal on a Minor Exception shall be made within five (5) calendar days and otherwise in the manner prescribed in paragraph (c) below. (c) Any appeal made under the terms of this Part shall be made within ten (10) calendar days following the date of the decision by the Planning Commission or Zoning Administrator. Further, said appeal period shall end at 5:00 P.M. on the tenth calendar day following said date of the decision by the Planning Commission or Zoning Administrator. If said tenth calendar day ends on a Saturday, Sunday or holiday, the~ten (10) day period shall end at 5:00 P.M. on the next regular business day. The formal action by the Zoning Administra- tor or Planning Commission shall become effective on the day following the first regularly scheduled Council meeting after the ten (10) day appeal period, unless the City Council in compliance with Section 9250.12, Section 9250.13 or Section 9250.14 of this Part 5, holds a public hearing on the matter, then the decision of the City Council will become effective on the day following the hearing and decision by the City Council. (NS-521; 6-19-61) (d) Ail appeals shall be in writing and on forms provided by the Planning Department and shall specify wherein there was any error of decision or requirement by the Commission or Zoning Administrator. Furthermore, a copy of said appeal shall be filed with the Planning Department and the Clerk of the Council. (e) Upon receipt of said appeal, the Planning Department shall set the matter for hearing by the Council. In the event the matter is an appeal from a ruling by the Zoning Administrator on a Conditional Use Permit or Variance application, the matter shall be heard by the Council following the review of said Zoning Administrator's decision by the Planning Commission as set forth in Section 9250.12 of this Part. (f) Ail appeals shall be heard in the same manner as prescribed for the original hearing. (g) Upon filing of an appeal, the Planning Department shall forward to the Clerk of the Council a copy of the written findings, maps, papers and exhibits upon which the decision of the Planning Commission and/or Zoning Admin- istrator was based. (h) The Council may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this Chapter. Such decision shall be filed with the Clerk of the Council, and the City Planning Department; one copy thereof shall be sent to the applicant.. Section 9250.15. Council to Make Findinq of Fact. In granting or denying an appeal, the Council shall make a written finding which shall specify all facts relied upon by said Council in rendering its decision and in attaching conditions and -6- safeguards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth in this Chapter. A copy of the resolution together with the written finding of facts shall be filed with the Clerk of the Council, 'in the City Planning Department; one copy thereof shall be sent to the applicant. The decision of the Council shall be ~nal. Section 9251. Failure to Utilize Conditional Use Permits, Variances, or Minor Exceptions. A Conditional Use Permit, Variance, or Minor Exception approved in accordance with the procedures and considerations as provided in this Part, shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move, or maintain the use of the property as specified in the terms and conditions of the Conditional Use Permit, Variance, or Minor Exception; however, at the initial hearing the Planning Commission or Zoning Administrator may provide, by appropriate condition of approval, for extensions of time beyond the two (2) year period. Acceptable action shall be considered to be actual construc- tion, alteration, repairs, and use of structures and land. Preparation of plans, financial negotiations, estate settlements, or change of property owners are not considered sufficient evi- dence of an action. Section 9252. Status of Approved Conditional Use Permits, Variances or Minor Exceptions. Any Variance granted prior to July 18, 1957, upon which an acceptable action has not been instituted as defined in Section 9251, shall, on the effective date of this Chapter, become null and void. Any approved Conditional Use Permit, Variance, or Minor Exception which has been exercised in the manner set forth in the terms of approval and has thereafter ceased to exist or has been suspended for at least one year shall be declared void and any further use of the premises, building, or structure shall conform to the requirements for the District in which located. Section 9253. Modification of Approved Conditional Use Permits, Variances or Minor Exceptions. Any modification of an approved Conditional Use Permit, Variance, or Minor Exception shall necessitate the refiling of a new application which shall be processed as required in the aforementioned Sections of this Part. Section 9254. Conditional Use Regulations. Any conditionally permitted use shall be subject to the yard, height, area, off-street parking loading, sign and operational standards set forth for the District in which said use is proposed to be located. However, the Zoning Administrator, Planning Cor~mission, or Council may impose other conditions considered necessary to insure the safe and reasonable de3elopment of the area in order'to protect the health, welfare and safety of the surrounding property owners. Further, the Zoning Administrator, Planning Commission or Council may modify the regulations set forth for the District in which located when it is considered that strict enforcement of said regulations will cause undue hardship to the applicant. -7- Section 9255. Amendments and Chanqes of DiRtrict Boundaries. Whenever the public necessity, convenience and general welfare justifies such action, the Planning Commission or Council upon their own motion may, or upon the verified application of any interested persons shall, initiate proceedings to amend, supple- ment or change the Districts designed on the affected Sectional District Map established by this Chapter. Section 9255.1. Filing of Application. Application for change of District shall be made in writing to the Planning Commission in such form as is approved by the Planning Commission. The Planning Commission shall provide forms for such purpose and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements. Applications filed pursuant to this Chapter shall be numbered consecutively in the order of filing and shall become a part of the permanent official records of the Planning Commission, and there shall be attached thereto copies of all notices and actions pertaining thereto. Section 9255.2. Filinq Fee. Before accepting any Amendment Application the City shall charge and collect a fee of Seventy-Five Dollars ($75.00) for the purpose of defraying the expenditures incidental to the proceedings involved in such reclassification. Section 9255.3. Investigation. The Planning Commission shall cause to be made by its members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary informa- tion to assure that the action on each such application is con- sistent with the intent and purposes of this Chapter, with previous amendments and in substantial conformance with the General Plan. Section 9255.4. Notices. Following the receipt in proper form of any such application, the Director of Planning shall fix a time and place of public hearing thereon. The date of such public hearing and location of the property and nature of the request shall be given in the following manner: (a) By publishing at least once and not less than ten (10) days before the date of the hearing in a newspaper of general circulation. (b) The Planning Commission may further require posting, not less than five (5) days prior to said hearings, placards on such property and for a distance of not less than three hundred (300) feet in each direction from the exterior limits of such property. Section 9255.5. Public Hearing. Public hearing shall be held before the Planning Commission at the time and place for which public notice has been given as hereinbefore required. The Planning Commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided that prior to the adjournment or recess thereof the presiding officer at such hearing shall announce the time and place to which such hearing will be continued. -8- Section 9255.6. Decision by Planninq Commission. The decision of the Planning Commission in recommending the amendment of any Sectional District Map shall be advisory only. Section 9255.7. Finding of Fact. Transmitted to City Council. Within ten (10) days after final action by the Planning Com- mission recommending an amendment of any Sectional District Map, its recommendations together with complete records of the case shall be forwarded to the Council. Section 9255.8. Council Action. The Council after receipt of the report and recommendation from the Planning Commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conduct- ing the hearing shall be the same as hereinbefore prescribed in this Chapter. No permit or license shall be issued for any use involved in an application for a change of zone until same shall have become final by the adoption of an ordinance by the Council. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 17th day of November, 1969. ATTEST: ~LERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the city of Santa Ana, California; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 3rd day of November, 1969, and was again considered at its regular meeting held on the 17th day of No~ember, 1969, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Herrin, Brooks, Evans, Mmrkel, Patterson, Villa, Griset COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF T~E COUNCIL -9-