Loading...
4785FOLLOWS: ORDINANCE NO. 4785 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 18.12 TO TITLE 18 OF THE ANAHEIM MUNICIPAL CODE CREATING THE OFFICE OF ZONING ADMINISTRATOR AND DEFINING THE POWERS OF THE OFFICE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto Chapter 18.12 to read as follows: "CHAPTER 18.12 ZONING ADMINISTRATOR 18.12.010 OFFICE OF ZONING ADMINISTRATOR CREATED. The office of Zoning Administrator is hereby created. 18.12.020 DESCRIPTION AND PURPOSES. The office of Zoning Administrator is created: .021 To improve the general administration of the City's zoning regulations. .022 To improve efficiency in the processing of certain variances and conditional use permits. .023 To provide an expeditious method by which minor adjustments from the requirements of zoning regulations may be decided. .024 To relieve the Planning Commission and City Council from the performance of routine matters which divert those bodies from the major planning and zoning functions entrusted to them by the Anaheim City Charter, the Anaheim Municipal Code and the laws of the State of California. 18.12.030 APPOINTMENT. The Director of Community Development and Planning shall appoint the Zoning Administrator and may appoint alternate persons to act during the absence of the Zoning Administrator. 18.12.040 AUTHORITY AND DUTIES. Subject to the general control and supervision of the Director of Community Development and Planning, the Zoning Administrator shall have the authority to decide and determine petitions filed under Sections 18.12.050 (Conditional Use Permits), 18.12.060 (Variances) and 18.12.080 (Administrative Adjustments). 18.12.050 CONDITIONAL USE PERMITS. Notwithstanding any other provision of this Code to the contrary, the Zoning Administrator shall have the authority, after holding a public hearing as provided in this Chapter, to make determinations on certain conditional use permit petitions subject to the showings set forth in Section 18.03.030.030 and subject to the conditions of Section 18.03.030.020. Said authority shall be limited to the following conditional use permit petitions: .010 Petitions for on -sale sale of alcoholic beverages in enclosed restaurants. .020 Petitions for use of a mobilehome as a residence for a caretaker, custodian, or guard at recreational, equestrian, industrial and institutional locations. .030 Petition for conversion of a residential structure to a nonresidential use, within zones permitting such use by conditional use permits. .040 Petitions for private schools. .050 Petitions for the keeping of any animals, birds, or poultry in any residential zone other than as permitted in Section 18.02.052. 18.12.060 VARIANCES. Notwithstanding any other provision of this Code to the contrary, the Zoning Administrator shall have the authority, after holding a public hearing as provided in this Chapter, to determine the following petitions for not to exceed two waivers subject to the showings set forth in Section 18.03.040.030. The following variances may be approved, conditionally approved, or denied by the Zoning Administrator: .010 Alterations to existing structures which alterations do not conform to yard, areas, and/or height provisions of Title 18 of the Anaheim Municipal Code. -2- .020 The location of accessory buildings which do not conform to the Zoning requirements of Title 18 of the Anaheim Municipal Code. .030 The building site requirements for buildings. .040 Building height limitations except in commercial zones. .050 Building setback and yard requirements. .060 Lot area limitations. .070 Lot coverage limitations. .080 Lot width requirements. .090 Wall and fence requirements. .100 Garage location and access requirements. .110 Parking requirements subject to the provisions of Section 18.06.080. 18.12.070 PROCEDURES FOR PETITIONS TO THE ZONING ADMINISTRATOR FOR CONDITIONAL USE PERMITS AND VARIANCES. .010 A petition for processing pursuant to this Chapter shall be filed with the Zoning Division of the Community Development and Planning Departments. .020 The notice of public hearing to be conducted by the Zoning Administrator shall be given in accordance with Section 18.03.060. .030 The Zoning Administrator shall hold a public hearing at the time and place fixed for the hearing. The Zoning Administrator may, when determining such action is necessary or desirable, continue such hearing to a time and place certain. The Zoning Administrator may deny, approve, or conditionally approve, each petition and the action of the Zoning Administrator shall be final unless appealed to the City Council. .040 The Zoning Administrator shall, not more than seven (7) days following completion of the public hearing, announce the decision of the Zoning Administrator and set forth in writing the findings in support of the decision and such conditions and limitations as may be imposed. -3- .050 Not later than seven (7) days following the decision of the Zoning Administrator, a copy of the decision shall (a) be mailed to the applicant at the address shown upon the petition and (b) be forwarded to the City Clerk. A report and summary of the evidence presented to the Zoning Administrator shall accompany the decision. .060 The decision of the Zoning Administrator shall be final fifteen (15) days following the action thereon unless, within said period, an appeal in writing is filed with the City Council or unless a request to review said decision is made by a member of the City Council. Upon receipt of a timely appeal or request for review, the City Clerk shall notify the Zoning Administrator to transmit to the City Clerk the petition, the minutes of the proceedings thereon, and all files and records in said case. .070 Filing and appeal fees, in the amounts specified by resolution of the City Council, shall be paid when filing a petition or appeal. .080 The provisions of Section 18.03.090 for extension of time shall apply provided, however, that the Zoning Administrator shall act in place of the Planning Commission or City Council. .090 The provisions of Section 18.03.091 and 18.03.092 shall apply provided, however, that the Zoning Administrator shall act in place of the Planning Commission or City Council. 18.12.080 ADMINISTRATIVE ADJUSTMENTS. The Zoning Administrator, without public hearing and subject to the limitations of this Section, may consider and grant administrative adjustments. A public hearing shall not be required on administrative adjustments unless the Community Development and Planning Department receives written objections to a petition no later than ten (10) days from the date of mailing of the notice of the petition for administrative adjustment. Administrative adjustments may be granted by the Zoning Administrator in the following matters: .010 Dimensional requirements of Title 18 'Zoning' for yards and setbacks: Front yard: a maximum deviation of twenty percent (20%) from Code requirements or limitations. -4- Rear yard: a maximum deviation from twenty percent (20%) of Code requirements or limitations. Side yard: a maximum deviation from twenty percent (20%) of Code requirements or limitations. .020 All other dimensional or percentage limitations or requirements of Title 18 'Zoning': all zones, a maximum deviation of ten percent (10%). .030 Petitions for an administrative adjustment shall be accompanied by the payment of the fee in an amount as set forth by resolution of the City Council for the purpose of defraying costs incidental to the petition other than costs which are incidental to the publishing or giving of notice when a written objection is received. .040 The Zoning Administrator shall order a public hearing when written objections are received within ten (10) days from the mailing of the notice. When a public hearing is ordered, the Zoning Administrator shall fix a time and place for a public hearing of a petition for an administrative adjustment. The cost of publication and notice of such public hearing shall be paid by the applicant prior to mailing and publication of the notice. Notice shall be given by mailing notice pursuant to Title 18 of this Chapter. .050 The decision of the Zoning Administrator on an administrative adjustment becomes final within fifteen (15) days following the date of such decision unless appealed to the City Council by the applicant or any aggrieved person or unless a request to review said decision is made by a member of the City Council within such time period. .060 Upon rendering a decision with respect to a petition for an administrative adjustment determined at a public hearing, the Zoning Administrator shall notify the applicant and the City Clerk of such decision. .070 Appeals shall be made by filing a letter of appeal with the City Clerk accompanied by payment of an appeal fee in an amount as set forth by resolution of the City Council. -5- Any member of the City Council may request a review of a decision of the Zoning Administrator concerning an administrative adjustment by notifying the City Clerk of such a request. 18.12.090 REFERRAL TO THE PLANNING COMMISSION. The Zoning Administrator may refer any petition for a conditional use permit or variance to the Planning Commission when the Zoning Administrator determines that the general public interest warrants such referral. 18.12.100 CONSIDERATION BY THE PLANNING COMMISSION. When any petition described in this chapter is made in conjunction with, and as a part of, a project that requires Planning Commission action, said petition shall be made to the Planning Commission to be processed in accordance with the applicable procedures for variances and conditional use permits.,, SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 16th day of December, 1986.. MAYOR OF THE CITY Of ANAHEIM ATTEST : CIT CLERK OF THE CITY OF ANAHEIM MES:fm/1549L/112186 -6- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4785 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th day of December, 1986, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 16th day of December, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Roth, Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4785 on the 16th day of December, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of December, 1986. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4785 and was published once in the Anaheim Bulletin on the 26th day of December, 1986.