ORD-35-70 CREATING AND ESTABLISHING THE OFFICE OF ZONING ADMINISTRATOR AND PRESCRIBING THE POWERS AND DUTIES THEREOFi.....-
Pleasepublish
Wednesday, November 11, 1970, only, and send PPOOF and Proof of
Publication to City Clerk, P.O. Box 449, Orange, Calif. 92669.EMILY L.
WILSON, CiTY CLERK J!.ANGE
CITY
NEWS:ORDINANCE NO. 35-
70 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ORANGE
AMENDING ARTICLE IX, PLANNING AND ZONING, CHAPTER
1, ZONING, BY ADDING THERETO SECTION 9130,
ET SEQ., CREATING AND ESTABLISH-ING THE
OFFICE OF ZONING ADMINISTRATOR AND PRESCRIBING THE
POWERS AND DUTIES THEREOF.THE CITY
COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:
Section 9130
Intent and Purpose.SECTION I:
The office
of Zoning Administrator is hereby established to perform
certain duties hereinafter specified pursuant to the
authority granted to municipalities by the State Planning Act.
The office of Zoning Administrator shall be created
for the following purposes:a) To
provide a means of appeal by an applicant request-ing relief
from administrative determinations, actions and decisions
as specified herein.b) To
provide a method by which minor adjustments from ordinance requirements
may be permitted without the necessity of
the delays incident to the setting of such matters
for public hearing before the Planning Commission.Section
9130.
1 Creation of Office of Zoning Administrator.c) To
relieve the City Planning Commission from the performance of
certain functions of a minor routine nature which
tend to divert this body from the planning and
major zoning functions entrusted to said commission
by the Orange Municipal Code and the laws
of the State of California.d) To
provide better and faster municipal service to the citizens
of the city and to those persons desir-ing to
develop projects within the city through the reduction of
the time necessary to consider minor adjustments from
ordinance requirements.For the
purpose of performing the duties hereinafter specified, there
is hereby created the office of Zoning Administrator pursuant
to the authority granted to cities in Section
65900 of the Government Code of the State of California.1-
Section 9130.2Appointment
of Zoning Administrator.The City Manager shall
appoint the Zoning Administrator and such additional persons
to act for, and in behalf of the Zoning Administrator during
his absence as the City ,Manager shall deem necessary.
Qualifications for the office of Zoning Administrator
and such additional persons shall be as
determined by the City Manager.Section 9130.3 Authority
of Zoning Administrator.The Zoning Administrator shall
have authority to grant administrative adjustment permits as
provided herein and to hear and
grant applications for variances,conditional use permits, and
other matters more particularly specified herein.Section
9130.4 powers
and Duties of Zoning Administrator.The Zoning Administrator shall
have power to consider the following matters:a) Applications
for certain
conditional use permits.The Zoning Administrator shall
have the authority to determine the following
conditional use permits subject to the criteria
set forth in Section 9l14.l of this code and
subject to the requirements set forth in Sections 9114.
2 through 9114.5 of the Orange Municipal Code. The
following conditional use permits may be
approved, conditionally approved,or denied by the
Zoning Administrator:1) Creation of lots
or building sites with no direct access to a
public street.2) Application for permit
to move any existing structure or building onto
a building site from another location or
building site.3) Permits for the
on-sale sale of alcoholic beverages in bona
fide restaurants.b) Applications for
variances.The Zoning Administrator
shall have the authority to determine the
following applications for variances subject to the
criteria set forth in Section 9l14.l of the Orange
Municipal Code. The requirements of Sections 9114.2
through 9114.5 of the Orange Municipal Code shall be
applicable to the consideration of 2-
variance applications. The following variances
may be approved, conditionally approved or denied
by the Zoning Administrator: '
1) Alterations to existing structures which do not
conform to yard, areas, and height provis ions.
2) Th7 c?nstruc~ion and location of accessory
bu~ld~ngs wh~ch do not conform to the require-
ments of the Orange Municipal Code.
3) Waiver of the following building site require-
ments for buildings constructed on a sing Ie lot
or for buildings constructed on separate parcels
of land provided there are less than five (5)
lots or parcels:
a) Building height.
b) Building setback and yard requirements.
c) Building site area.
d) Building site coverage.
e) Building site width.
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4) Waiver of fence requirements.
5) Waiver of garage location and access requirements.
6) Waiver of landscaping requirements.
7) Waiver of parking lot standards.
8) Waiver of sign requirements.
c) Adminis trative Adiustment Permits.
The Zoning Administrator shall have the authority
to determine applications for administrative adjust-
ment permits in appropriate cases and where the basic
criteria for said permits are met. The following
shall be deemed to constitute administrative adjust-
ments which may be approved, conditionally approved,
or denied without a public hearing before the Zoning
Adminis trator:
a) Front yard - a maximum of 20% .b)
Rear yard - a max imum of 20'70 .c) Side
yard - a maximum of 20'70 .2) Allother
dimensional or percentage requirements of the Zoning
Ordinance.All Zones - a
maximum of 10% .1) Dimensional requirements of
yards and setbacks.
d)The
Zoning Administrator shall have the following additional authority
and duties:1)Subject
to the provisions of this code the Zoning Administrator
shall have the authority to make
a declaration as to what constitutes the front
of a lot.3)The
Zoning
Administrator shall have the authority to
approve site development and building elevation
plans referred to him by the City
Councilor the Planning Commission.The Zoning
Administrator shall have authority to permit
the use of a mobile home for temporary use as
an office and/or for storage of material in accordance
with the policy set forth in City Council Resolution
No. 3252.2)4)
The
Zoning Administrator may grant extensions of time
on any of the variances or conditional use permits
heretofore approved by the Zoning Administrator.5)
The
Zoning Administrator may choose not to make a determination
on any application which comes within the
scope of his review if he deems it to be
in the community interest that he not make such determination,
and in such cases, he shall refer the
application to be heard and determined by the
Planning Commission, as outlined in the Zoning Ordinance.
e) The
Zoning Administrator may approve any application,deny any
application, or approve any application conditionally upon
reasonable conditions, or approve any modified
application.f) All
matters decided by the Zoning Administrator may be
appealed in writing by any interested party or by
any member of the City Councilor Planning Commission within
fifteen (15) calendar days after the decision
of the Zoning Administrator. Whenever the Planning
Commission has initiated the appeal,the matter
shall be placed on public hearing before the Planning
Commission and may be appealed further in writing
to the City Council by any interested party or
by any member of the City Council. Any decision appealed
may be affirmed, reversed, or modified by
the body hearing the appeal.4-
L,.,
h)
The Zoning Administrator shall adopt rules and
regulations to govern the procedures at the public
meeting and is to set a time for such meetings as
he may determine for any application. All public
hearings shall be held in the Council Chamber of
the City Hall and shall be open to the public.
The Zoning Administrator shall record his findings
in full in writing, and his written order, based
on such findings, shall be conclusive and final
unless appealed in writing in the time set forth
in Section 9114.10.
g)
Section 9130.5 Interpretation of Inconsistent Provisions.
In the event any inconsistency is found to exist between
any of the provisions of Sections 9130 through 9130.4,
and any provisions of the Orange Municipal Code other
than Sections 9130 through 9130.4, the provisions of
Sections 9130 through 9130.4 shall prevail.
SECTION II:
This ordinance shall be published once within fifteen
15) days after its pas sage in the Oran ge City News, a newspaper
of general circulation, published and circulated in the City of
Orange, and shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this 3rd day of November 1970.
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o t e C~ty 0 Orange
STATE OF CAL IFORN IA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE )
ATTEST:
I, EMILY L. WILSON, City Clerk of the City of Orange, California, DO
HEREBY CERTIFY that the foregoing ordinance wss introduced at a regular meeting
of the City Council duly held on the 13th day of October, 1970. and thereafter
at an adjourned regular meeting of said City Council duly held on the 3rd day of
November, 1970, was duly passed and adopted by said City Council, and that said
Ordinance was passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: HOYT, PEREZ, SMITH
NOES: COUNCILMEN: JORDAN
ABSENT: COUNCILMEN: HILEMAN
WITNESS My hand and seal this
SEAL)
4th day of November, 1970.,
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Emily .Y-' Wi son
City Clerk5-