HomeMy WebLinkAbout2024 PC 19-24 TITLE 17 ZONING CODE CLEANUPZONING CODE CLEAN-UP
RESOLUTION NO. PC 19.24
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ORANGE
RECOMMENDING THAT THE CITY COUNCIL
ADOPT ORDINANCE NO. XX.24 AMENDING
TITLE 17 OF THE ORANGE MUNICIPAL CODE TO
ADD PROVISIONS RELATED TO DIRECTOR
INTEPRETATIONS, CITY EXEMPTION FROM
TITLE II, TIE VOTES, AND AMENDING THE
ZONING ORDINANCE APPEAL AND TIME
EXTENSION PROVISIONS
APPLICANT: CITY OF ORANGE
WHEREAS, staff, among other ongoing efforts, is in the process of reviewing the
language contained in the City of Orange's Title 17, or "Zoning Ordinance," with respect to
general administrative matters; and
WHEREAS, the purpose of staff s review of language in the Zoning Ordinance is to
streamline processes, where possible, clarify ambiguities and/or address issues that have either
not been addressed, or are not clearly and fully addressed by the Zoning Ordinance; and
WHEREAS, staff determined that, while provisions related to interpretations of the
zoning codes are very common among California cities, the Zonrng Ordinance's only
interpretation provision, contained in Section 17.13.070 (Land Uses Not Listed), is narrow,
pertaining to determinations related to "uses" only; and
WHEREAS, staff also determined that, while many cities' codes exempt City projects
(specifically, projects undertaken on City-owned property) from zoning code requirements in
order to avoid additional and unnecessary expense and time, the City does not have such a
provision in its Orange Municipal Code ("OMC"); and
WHEREAS' in addition, while many cities have addressed tie votes or insufficient votes
in their codes, the OMC was silent on this matter requiring staff to apply generally accepted
interpretations that should be memorialized, and augmented, in the Zoning Ordinance; and,
WHEREAS, staff also reviewed the appeal provision of the Zoning Ordinance,
contained at Section 17.08.050, and determined that clarifications and edits are necessary to be
consistent with City practices, other cities' practices, and other provisions of the OMC; and
WHEREAS, finally, staff also reviewed the time extension provision of the Zoning
Ordinance and determined that additional time and flexibility for applicants that do not
commence use or construction of a land use entitlement is advisable and warranted in order to
provide a more customer-friendly development process; and
Resolution No. PC 19-24
Page2 of9
WHEREAS, staff has recommended these changes to the Zoning Ordinance to address
the issues enumerated herein in hopes of providing additional clarity to the Zoning Ordinance
and to provide staff with additional flexibility to increase efficiency in project development; and
WHEREAS, staff has also determined that this Ordinance is not a project under the
California Environmental Quality Act ("CEQA") per State CEQA Guidelines Section 15378,
because it involves administrative activities of the City that will not result in direct or indirect
physical changes in the environment; and
WHEREAS, the Planning Commission, having considered the proposed changes to the
OMC at a public hearing held on June 3, 2024, including review of the staff report, and having
received public testimony on the item, has determined the proposed ordinance serves the City's
best interests and furthers the public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
that the City Council approve the subject ordinance, attached hereto as Attachment A.
ADOPTED this 3'd day of J:urire 2024
David Yazqu'ez
Planning Commission Chair
I hereby certifr that the foregoing Resolution was adopted by the Planning Commission
of the City of Orange at a regular meeting thereof held on the 3rd day of June 2024, by the
following vote:
AYES : Vej ar, Maldonado, McCormack, Vazque z, Martinez. Tucker
NOES: None
ABSENT: Simpson
a
Anna Pehoushek, FAICP
Assistant Community Development Director
EXHIBIT A
RESOLUTION NO. PC 19-24
Resolution No. PC 19-24
Page 3 of9
Resolution No. PC 19-24
Page 4 of9
ORDINANCE NO. XX-24
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 17
OF THE ORANGE MUNICIPAL CODE TO
ADD PROVISIONS RELATED TO DIRECTOR
INTEPRETATIONS, CITY EXEMPTION FROM
TITLE 17, TIE VOTES, AND AMENDING THE
ZONING ORDINANCE APPEAL AND TIME
EXTENSION PROVISIONS
WHEREAS, staff, among other ongoing efforts, is in the process of reviewing the
language contained in the City of Orange's Title 17, or "Zoning Ordinance," with respect to
general administrative matters; and
WHEREAS, the purpose of staff s review of language in the Zonrng Ordinance is to
streamline processes, where possible, clarify ambiguities and/or address issues that have either
not been addressed, or are not clearly and fully addressed by the Zoning Ordinance; and
WHEREAS, staff determined that, while provisions related to interpretations of the
zoning codes are very common among Califomia cities, the Zoning Ordinance's only
interpretation provision, contained in Section 17.13.070 (Land Uses Not Listed), is narrow,
pertaining to determinations related to "uses" only; and
WHEREAS, staff also determined that, while many cities' codes exempt City projects
(specifically, projects undertaken on City-owned property) from zoning code requirements in
order to avoid additional and unnecessary expense and time, the City does not have such a
provision in its Orange Municipal Code ("OMC"); and
WHEREAS, in addition, while many cities have addressed tie votes or insufficient votes
in their codes, the OMC was silent on this matter requiring staff to apply generally accepted
interpretations that should be memorialized, and augmented, in the Zoning Ordinance; and,
WHEREAS, staff also reviewed the appeal provision of the Zoning Ordinance,
contained at Section 17.08.050, and determined that clarifications and edits are necessary to be
consistent with City practices, other cities' practices, and other provisions of the OMC; and
WHEREAS, finally, staff also reviewed the time extension provision of the Zoning
Ordinance and determined that additional time and flexibility for applicants that do not
commence use or construction of a land use entitlement is advisable and warranted in order to
provide a more customer-friendly development process; and
WHEREAS, staff has recommended these changes to the Zoning Ordinance to address
the issues enumerated herein in hopes of providing additional clarity to the Zoning Ordinance
and to provide staff with additional flexibility to increase efficiency in project development; and
Resolution No. PC 19-24
Page 5 of9
WHEREAS, the Planning Commission, having considered the proposed changes to the
OMC at a public hearing held on June 3, 2024, including review of the staff report, and having
received public testimony on the item, determined the proposed ordinance serves the City's best
interests and fuithers the public health, safety and general welfare; and
WHEREAS, the City Council, having now considered the proposed changes to the OMC
at a public hearing held on _, including review of the staff report, and having received
public testimony on the item, desires to adopt the proposed ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
This Ordinance is not a project under the California Environmental Quality Act
("CEQA") per State CEQA Guidelines Section 15378, because it involves administrative
activities of the City that will not result in direct or indirect physical changes in the environment.
SECTION II:
A new Section 17.02.050 shall be added to read as follows
17.02.050 Director Interpretations.
In addition to any other authority that may be granted to the Community Development Director,
the Director shall have the authority to make administrative interpretations whenever it is
determined that an ambiguity as to the meaning or applicability of this Title 17 exists. Persons
aggrieved by an official administrative interpretation of the Director may appeal the Director
administrative interpretation(s) to the Planning Commission, as set forth in Section 17.08.050.
SECTION III:
Table 17.08.020 shall be amended as follows:
Table 17.08.020
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Administrative Design Review x(1)
Admini strative Adj ustment Permit X
Alcohol Production Permit X
Conditional Use Permit A A(l)x(l)x(1)x0)
Design Review A/X(1)x(l)
Environmental Documentation A x(l)x0)
General Plan Amendment A A X
Neighborhood Preservation Overlay Applications A/X(l)x(1)
Type of Procedure, Permit or Hearing CDD DRC ZA PC CC
Director Administrative Interlrretations x
Old Towne Demolition Permit A x(1)X
Reasonable Accommodation x(1)
Site Plan Review-Maior A A X
Site Plan Review-Minor x
Sober Living Permit x
Temporary Use Non-Recurring) Permit A x(1)x(1)
Temporary Use (Recurring) Permit X
Tentative Parcel Map x(1)x0)x(1)
Tentative Tract Map A A x
Variance A A0)x(1)x
Zone Change A A x
Zontng Ordinance Amendment A A X
Resolution No. PC 19-24
Page 6 of9
SECTION IV:
A new Section 17.02.060 shall be added to read as follows:
17.02.060 Exemption
Except as otherwise required by law, any activities, developments, andlor projects initiated by
the City on City-owned property shall be exempt from the requirements of this Title 17.
SECTION V:
A new subsection (c) is hereby added to Section 17.08.020(8)(3) to read as follows:
c. In the event of a tie vote, the matter upon which such vote is being cast shall fail,
which shall have the effect of a denial or recommendation of denial, as appropriate.
Alternatively, the Planning Commission may approve a "resolution of no decision" to the City
Council. In the case of an appeal, a tie vote shall constitute a denial of the appeal, which shall
have the effect of affirming in whole the determination of the lower body.
SECTION VI:
Section 17.08.050 (A) shall be amended to read as follows
A. Right of Appeal. Any action taken by the Community Development Director,
Zoning Administrator, or the Design Review Committee in the administration or enforcement of
the provisions of this ehapter Title may be appealed by any person aggrieved by said action or
determination
mad€-to the Planning Commission. Any decision whereh+he of the Planning Commission is
ien-may be appealed to the City Council.
Resolution No. PC 19-24
PageT of9
SECTION VII:
Section 17.08.050 (B) shall be amended to read as follows
B. Appeal Stays Proceedings.
@;_UnlessauthorizedbytheCommunityDevelopmentDirectoI,nopermits
related to the proceeding shall be issued during the pendency of the proceeding after
SECTION VIII:
Section 17.08.050(C) shall be amended to read as follows:
C. Form and Content of Notice of Appeal. The notice of appeal shall be in writing and
shall be filed in the Planning Division upon forms provided by the City. An appeal from any
action in the administration or enforcement of this chapter shall provide a statement of the
facts in sufficient detail to enable the appeal body to understand the nature of the
controversy and indicate specifically the alleged error or abuse of discretion to be evaluated by
the appeal body.
SECTION IX:
Section 17.08.050 (E) shall be amended to read as follows:
E. Hearing Date and Notice. Upon receipt of an appeal, the Planning Division shall
receive the appeal and thereafter set a date for a hearing the matter to be heard befure-*he by
the applicable reviewing body and give notice of the date, time and place of the hearing to the
applicant and appellant and public notice of the hearing as required in Section 17.08.040. atl€as+
ing.
SECTION X:
Section 17.08.050 (F) shall be amended to read as follows:
F. Authority of Planning Commission andlor City Council. The Planning
Commission and/or City Council shall consider the record and such additional information
evidetee as may be offered and may affirm, reverse or modiff, in whole or in part, the action
that was appealed. The Planning Commission and/or City Council may also make or substitute
additional decisions or determinations as it finds warranted under the provisions of this Title 17.
SECTION XI:
Section 17.08.060 shall be amended to read as follows:
f 7.08.060 Time Extensions.
I
Resolution No. PC 19-24
Page 8 of9
A.
g+nis-see+iet Upon a request from an applicant, the Planning Commission may extend the
period upon which to commence use or construction of the land use entitlement by a period of up
to three-two years. The Community Development Director may further extend the period
upon which to commence use or construction of the land use entitlement by a period of up
to one year. The applicant person seeking sueFan extension from the Planning Commission
and/or Community Development Director must submit a written request to the Community
Development Director
rrrit*en request sheuld be submitted at least 15 days prior to the expiration date and at a
minimum shall explain the extenuating circumstances that have delayed construction or use of
the land use entitlement.
reading ef the ordi ion
upon the effeetive date ef the erdinanee frem rvhieh this seetion derives. A request for an
extension shall not require a public noti€e hearing provided that no conditions or other
requirements are added, deleted or modified. Any such changes to the land use entitlement shall
be considered an amendment to the land use entitlement and require the same notice and hearing
requirementsastheunderlyinglanduseentitlement@i€w.
R, Unless further amend
w
SECTION XII:
If any section, subdivision, paragraph, sentence, clause orphrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION XIII:
The City Clerk is hereby directed to certifz the adoption of this Ordinance and cause a
summary of the same to be published as required by law. This Ordinance shall take effect thirty
(30) days from and after the date of its final passage.
ADOPTED this _ day of 2024.
Resolution No. PC 19-24
Page 9 of9
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attomey
STATE OF CALIFORNIA )
COLTNTY OF ORANGE )
crTY oF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certifu
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the _ day of 2024, and thereafter at the regular meeting of said City Council
duly held on the _ day of
vote, to wit:
2024 was duly passed and adopted by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COLINCILMEMBERS:
COLINCILMEMBERS:
COLTNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange