Ordinance Number 410ORDINANCE NO. 410
ING ADMINISTRATOR
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING ARTICLE 4 TO CHAPTER 2 OF
TITLE 9 OF THE MUNICIPAL CODE, CREATING THE
OFFICE OF ZONING ADMINISTRATOR AND SPECIFYING
THE DUTIES AND AUTHORITY THEREFOR
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council finds that:
A. The City's Environmental Review Board has reviewed
the ordinance amendment set forth herein, has
determined that the amendment will not have a
significant effect on the environment, has accordingly
issued a negative declaration for the amendment,
and has otherwise carried out all requirements of
the California Environmental Quality Act.
B. The establishment of a zoning administrator function
will provide for more efficient and expeditious
resolution of minor zoning matters. It will also
allow the Planning Commission to devote greater
attention to more substantive planning and zoning
issues.
SECTION 2. Amendments.
Based on the findings set forth in Section 1, preceding,
Article 4 is hereby added to Chapter 2 of Title 9 (Land Use) of
the San Juan Capistrano Municipal Code:
"ARTICLE 4. ZONING ADMINISTRATOR"
"Section 9-2.401 Office of Zoning Administrator Created.
The office of 7bning Administrator is hereby
established pursuant to the authority granted to
cities under Section 65900 of The Government Code
of the State'of California.
"Section 9-2.402 Intent and Purpose.
The office of Zoning Administrator is established
to increase the efficiency and responsiveness of
the administration of the City's zoning regulations
in the following areas:
"(a) To provide efficient methods of implementing
the zoning regulations by reducing the staff
time involved and providing more flexibility
in the processing of certain variances,
1� conditional use permits, and other permits as
specified herein.
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"(b) To provide a method by which minor adjustments
from the requirements of zoning regulations
may be decided without the necessity of the
delays incident to the setting of such matters
for public hearing.
"(c) To relieve the Planning Commission from the
performance of certain minor functions of a'
routine nature which tend to divert that body
from the major planning and ,honing functions
entrusted to the Commission by the San Juan
Capistrano Municipal Code and the laws of the
State of California.
"Section 9-2.403 Appointment of Zoning Administrator.
The City Manager shall appoint the Zoning
Administrator and such alternate persons to act
for, and in behalf of, the Zoning Administrator
during his or her absence.
"Section 9-2.404 Authoritv of Zoninq Administrator.
Subject to the general control and supervision of
the City Manager, the Zoning Administrator shall
have authority in the following areas:
"(a) Conditional Use Permits.
The Zoning Administrator shall have authority
to make determinations on conditional use
permit applications subject to the criteria
set forth in Section 9-2.302 of the Municipal
Code. Said authority shall be limited to the
following specific areas:
"(1) All Zone Districts - Utility installations
(other than those necessary to service a
site, e.g., water lines, cables, etc.),
public or private, including communication
equipment buildings, electrical distribution
substations, tanks, and similar installations.
11(2) AG District
(i) Collection centers for recycling of
paper, glass, and other materials.
(ii) Packing plants for whole agricultural
products, excluding food processing.
"(3) EL and ES District
(i) Apiaries.
"(4) CT District
(i) Cabarets and night clubs.
(ii) Dancing and live entertainment.
"(5) CO District
(i) Public or private elementary schools
requiring no outdoor facilities.
"(6) CN District
(i) veterinary offices and clinics.
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"(7) CG District
(i) Book binding.
(ii) Pottery or ceramics manufacturing.
(iii) Veterinary offices and clinics.
(iv) Dancing and live entertainment.
(v) Cabarets and night clubs.
"(8) CM District
(i) Pottery or ceramics manufacturing.
(ii) Veterinary offices and clinics.
(iii) Cabarets and night clubs.
(iv) Dancing and live entertainment.
(v) Second-hand stores.
"(9) MG and MP District
(i) Collection and recycling of paper,
glass, and other materials, excluding
junk yards or automobile salvage.
"(b) Variances.
The Zoning Administrator shall have authority
to make determinations on variance applications,
except those variance applications requiring
Planning Commission review (referenced in
Section 9-2.405(b), subject to the criteria
set forth in Section 9-2.303 of the Municipal
Code.
"(c) Adjustments.
The Zoning Administrator shall have authority
to make determinations on adjustment applications
subject to the criteria and limitations set
forth herein. No public hearing shall be
required in the determination of an adjustment
application. Said authority shall be limited
to the following specific adjustments:
"All dimensional or precentage requirements of
Title 9, Chapter 3 of the Municipal Code -
maximum of 108 adjustment to required minimums
or maximums.
"Section 9-2.405 Zoning Administrator Procedures.
"(a) Determination on Applications.
The Zoning Administrator may approve,
conditionally approve, deny, or continue, for
reasonable cause, any application described
in this article.
"(b) Referral to the Planning Commission.
The Zoning Administrator may choose to refer
any application described in this article to
the Planning Commission when the Zoning
Administrator determines that the general
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public interest warrants such referral. When
any application described in this article is
in conjunction with, and a part of, a project
that requires Planning Commission action as a
normal course, said application shall
automatically be referred to the Planning
Commission.
"(c) Public Hear
The Zoning Administrator shall hold public
hearings for conditional use,permits and
variances as required by Section 9-2.315 of
the Municipal Code, and shall set the time
and place of such hearings and ensure that
the required notifications are made. The
Zoning Administrator shall record his or her
findings in full. The Zoning Administrator's
decision, based on such findings, shall be
conclusive unless appealed as set forth
herein.
"(d) Appeals.
All determinations by the Zoning Administrator
may be appealed as set forth in Section
9-2.316 of the Municipal Code."
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. Citv Clerk's Certification.
The City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 6th day of
August 1 1980 , by the following vote, to wit:
AYES: Councilmen Friess, Schwartze, Thorpe,
Buchheim and Mayor Hausdorfer
NOES: None
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY that the foregoing is a
true and correct copy of Ordinance No. 410 , which was
introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on July 16 1980 , and adopted at
a meeting held on August 6 , 1980 .
(SEAL)
MARY A NOVER, CITY CLERK
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