Loading...
HomeMy WebLinkAboutORD-03-03 Amend Title 16 & 17- Initial Reviewing Body for Land Use ApplicationsORDINANCE NO.3 -03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING TITLES 16 AND 17 OF THE ORANGE MUNICIPAL CODE DELETING THE STAFF REVIEW COMMITTEE AND SUBSTITUTING THE COMMUNITY DEVELOPMENT DIRECTOR AS THE INITIAL REVIEWING BODY FOR VARIOUS LAND USE APPLICATIONS, WHEREAS, Title 17 ofthe Orange Municipal Code created a Staff Review Committee and authorized it to review, decide and make recommendations upon various land use applications; and WHEREAS, as presently tormed the Staff Review Committee is subject to the Brown Act, making it cumbersome for staff to perform normal work functions and discuss project applications outside a noticed meeting; and WHEREAS, although originally meant to expedite the land use application process, the Brown Act's application to the Staff Review Comrnittee has resulted in: (1) lengthening the application process; (2) limiting staff interaction and staffs ability to discuss and resolve issues that are a function of a normal work day; (3) unnecessary staff attendance at Staff Review Committee meetings concerning projects with little impact on their Department; and (4) additional confusion for the applicant; and WHEREAS, the interests of the public would be better served if staff could freely review and discuss land applications submitted to the City in a more efficient manner, so that the staffs position on a land use application can be communicated to the applicant clearly and in one voice; and WHEREAS, by this Ordinance, review and recommendations on applications will be the responsibility of the Community Development Director with the involvement and comment from those City Departments with an interest in the application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I: The words, Staff Review Committee, shall be deleted from Section 16.04.060 and replaced with the words, Community Development Director. SECTION II: Subsection l6.12.01O.A is deleted in its entirety and replaced with the following: A. A tentative tract map, accompanied by any forms and fees required, shall be submitted to the Community Development Director for review. The Community Development Director shall refer the map to a staff review committee as designated by the City Manager for review and comment. SECTION III: Subsection 16.12.01O.B is deleted in its entirety and replaced with the following: B. After the tentative tract map is reviewed by staff, the Community Development Director shall forward the map to the City Planning Commission with hislher comments or recommendations. Within 50 days of the submittal ofthe tentative tract map to the Community Development Director, the City Planning Commission shall have reviewed the map and made its recomm(mdations. SECTION IV: The words, Staff Review Committee, shall be deleted from Subsection l6.l2.01O.E and replaced with the words, Community Development Director. SECTION V: The words, Staff Review Committee, shall be deleted from Subsection 16.12.030.A and replaced with the words, Community Development Director. SECTION VI: Subsection l6.12.030.B is deleted in its entirety and replaced with the following: B. All tentative parcel maps meeting the requirements of Subsection 16.12.030.A. shall be submitted to the Department of Public Works, accompanied by any required forms and fees. The map shall be referred to the Community Development Director, who shall review the map, in conjunction with a staff review committee as designated by the City Manager, and take action thereon within 20 days from the date the map was accepted for filing. SECTION VII: The words, Staff Review Committee, and Committe'~, shall be deleted from Subsections 16.12.030.C and 16.12.030.D and replaced with the words, Community Development Director. SECTION VIII: 2 Subsection l6.12.040.B is deleted in its entirety and replaced with the following: B. All such tentative parcel maps shall be submitted to the Department of Public Works, accompanied by any forms and fees required by the Department. The map shall be refe:rred to the Community Development Director who shall review the map in conjunction with a staffreview committee as designated by the City Manager. Within 20 days after the date the map was accepted for filing, the Community Development Director shall make a report, with recommendations for acceptance or denial, to the City Planning Commission. SECTION IX: The words, Staff Review Committee, and Committee, shall be deleted from Subsection 16.12.050.D and replaced with the words, Community Development Director. SECTION X: Subsection 16.32.040.B is deleted in its entirety and replaced with the following: B. After this consultation, the applicant shall submit the application, with any required processing fees, with any other documents required under Section 16.32.030. The Subdivision Section shall review the application and related documents to ensure technical accuracy and aCCi~ptable format for recording. When such determination is complete, the Subdivision Section shall forward the application for review by the Community Development Director and a staffreview committee as designated by the City Manager. SECTION XI: The words, Staff Review Committee, and Committee shall be deleted from Subsection 16.32.040.C and replaced with the words, Community Development Director. SECTION XII: The letters, SRC, in the Table of Section 17.08.020 shall be deleted and replaced with the letters, CDD, and in the key following that table, the words, SRC = Staff Review Committee, shall be deleted and replaced with, CDD = Community Development Director. SECTION XIII: The words, Staff Review Committee, shall be deleted from Subsection 17.08.020B.2.c. DAD 3 Ord. No. 03- SECTION XIV: The words, Staff Review Committee, shall be deleted from Subsections l7.08.020D.2.b and 17.08.020D.2.c and replaced with words, Community Development Director. SECTION XV: Subsection l7.08.020.E is deleted in its entirety and replaced with the following: E. Community Development Director. The Community Development Director, in conjunction with a staff review committee designated by the City Manager, shall review development proposals in order to ensure that yards, open space, structures, parking, loading facilities, l,mdscaping, streets and similar uses and the development of the land remains compatible with surrounding properties reflecting the highest quality of land planning and design. I. Powers and Duties. The Community Development Director, after consultation with a staff review committee designated by the City Manager, shall have the authority to: a. Decide upon minor site plan applications. b. Review and make recommendations to the Planning Commission on major site plans and other discretionary applications as specified in Chapter 17.10; c. Consider minor modifications to previously approved site plans and to determine whether such modifications are in substantial conformance with the approved plans; d. Review and make recommendations to the City Planning Commission on environmental documentation, and all duties defined in City environmental review guidelines." SECTION XVI: The words, Staff Review Committee, shall be deleted from Subsection 17.08.030.E. and replaced with the words, Community Development Director. SECTION XVII: The words, Staff Review Committee, shall be deleted from Subsection 17.08.030.1.4 and replaced with the words, Community Development Director. SECTION XVIII: The words, Staff Review Committee, shall be deleted from Subsection 17.08.050.A. 4 SECTION XIX: The words, Staff Review Committee, shall be deleted from Subsection l7.08.050.E. SECTION XX: The phrase, Staff Review Cornmittee, as established by Section l7.08.020E of this title and words, Staff Review Cornrnittee, shall be deleted from Subsection l7.1O.035.C.5 and replaced with the words, Comrnunity Developrnent Director. SECTION XXI: Subsection 17.10.035.D.5 shall be deleted in its entirety and replaced with the following: 5. Procedure. The Cornrnunity Development Director shall serve as the initial reviewing body for recurring temporary uses. Once an application for a temporary use permit has been deemed cornplete, the Community Developrnent Director shall have a staff review cornrnittee, as designated by the City Manager, consider and rnake a recornrnendation to approve, approve with conditions or deny the permit. The staff recornrnendation shall be forwarded to the Cornrnunity Developrnent Director or his designee. The Cornrnunity Developrnent Director, in reviewing a ternporary use permit application, shall review the recornrnendations of staff and shall act to approve, approve with conditions, or deny the application. The Cornrnunity Developrnent Director's action shall be deerned final. SECTION XXII: The words, Staff Review Cornrnittee, shall be deleted frorn Subsection l7.10.060.B and replaced with the words, Cornmunity Development Director. SECTION XXIII: The words, or the Staff Review Cornmittee, shall be deleted frorn Subsection l7.l0.060.D.1. SECTION XXIV: Subsection 17.1O.060.D.2 shall be deleted in its entirety and replaced with the following: 2. Procedure. The Community Development Director, pursmmt to Section 17.08.020.E, shall be responsible for minor site plan review. Once an application for minor site DAD 5 Ord. No. 03- plan review has been deemed complete, the Community Development Director shall, in conjunction with a staff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Design Review Committee and/or the Planning Commission. A continuance may be granted upon mutual consent of the applicant and the Community Development Director. Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section] 7.08.050." SECTION XXV: All references to the, Staff Review Committee, shall be deleted m Subsection l7.1O.060.E.2 and replaced with the words, Community Development Director. SECTION XXVI: The words, Staff Review Committee, shall be deleted from Subsection 17.1 0.060.F and replaced with the words, Community Development Director, SECTION XXVII: The words, Staff Review Committee, shall be deleted from Subsection 17.1 0.060.G and replaced with the words, Community Development Director. SECTION XXVIII: The words, Staff Review Committee, shall be deleted from Subsection 17.14.050.E and replaced with the words, Comrnunity Development Director. SECTION XXIX: The word, Staff Review Committee, shall be deleted from Subsection 17.14.050.1 and replaced with the words, Community Development Director. SECTION XXX: The words, Staff Review Committee, shall be deleted from Subsections 17.18.060.H, 17.18.060.1, 17.18.060.1, and 17.18.060.N and replaced with the words, Community Development Director. SECTION XXXI: The words, Staff Review Committee, shall be deleted from Subsections 17.18.070.E.2.a and 17 .18.070.E.2.b and replaced with the words, Community Development Director. 6 SECTION XXXII: The words, Staff Review Committee, shall be deleted from Subsections 17.20.050.C, 17.20.050.F, 17.20.050.G and l7.20.050.H and replaced with the words, Community Development Director. SECTION XXXIII: The words, Staff Review Committee, shall be deleted from Subsections 17.22.050.D and replaced with the words, Community Development Director. SECTION XXXIV: The words, Staff Review Committee, shall be deleted from Subsections 17.24.040.C, 17.24.040.0 and 17.24.040.F and replaced with the words, Community Development Director. SECTION XXXV: The words, Staff Review Committee, shall be deleted from Subsections 17.30.060.E, l7.30.060.F, l7.30.060.F.l and l7.30.060.F.2 and replaced with the words, Community Development Director. SECTION XXXVI: The words, Staff Review Committee, shall be deleted from Subsections l7.32.040.A and 17.32.040.B and replaced with the words, Community Development Director. SECTION XXXVII: Section 17.44.060 shall be deleted in its entirety and replaced with the following: 17.44.060 Filing and Review of Application. The Community Development Department shall endorse on the application the date it is received. The application and proposed development agreement shall be forwarded to the Community Development Director and a staff review committee as designated by the City Manager. The Director and staff shall review the application and determine the additional requirements necessary to complete the agrt:ement. The Director may reject the application if it is not completed in the manner required by this Chapter. After receiving the required information, the Director shall prepare a staff report. The staff report shall analyze the proposed development and shall contain a recommendation as to whether or not the development agreement proposed, or in an amended forrn, would be consi stent with the General Plan or any applicable specific plan, and shall state what action will be required for compliance with the California Environmental Quality Act, to the extent that it is applicable. The staff report and the proposed development agreement shall be distributed to members ofthe Planning CommiSSIOn and the City Council. DAD 7 Ord. No. 03- SECTION XXXVIII: Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that anyone or more sections, subsections, sentence:s, clauses or phrases be declared invalid or unconstitutional. SECTION XXXIX: A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the City Counciil meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 13th day of May, 2003 11j i t- Mar~IY, Mayor, ATTEST: 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE ) I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the nnd day of April, 2003, and thereafter at the regular meeting of said City Council duly held on the 13th day of May, 2003, was duly passed and adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None V1.J-u~8MA. A~ .Cassandra J. Ca art, City Clerk, City of Orange DAD 9 Ord. No.