Chapter 19.116 — Decisions — Buena Park Zoning Code

§ 19.116.010. Findings. ¶

A. For each discretionary decision under a procedure prescribed by this Division, whether made by the City Council, Planning Commission, Director, or Zoning Administrator, written findings shall be adopted pertinent to the applicable criteria of State law and this Division based upon the investigation, hearings, and record of the case.
B. When decisions under more than one type of zoning procedure are being made concurrently with respect to the same subject property or subject matter, the findings and decision for each such procedure shall be separately identified.
(Ord. 1754, 6/24/2025)

Except as otherwise required:

A. Decisions of the City Council and Planning Commission shall be made by either resolution or motion;
B. Decisions of the Director or Zoning Administrator shall be in writing and signed by that official or an authorized deputy.
(Ord. 1754, 6/24/2025)

A. Except as otherwise required, actions on zoning matters by the City Council or Planning Commission shall require the concurring vote of a majority of the members present, with a quorum present.
B. In the case of an action by the City Council which is not in accordance with the recommendation of the Planning Commission, the concurring vote of a majority of all members of the Council shall be required.
(Ord. 1754, 6/24/2025)

A. On a zoning matter to be decided by the Zoning Administrator or Director, such decision shall be made within forty days after acceptance of the application or other initiation of the matter. An extension of this time limit may be made only with the consent of the applicant or body initiating the matter.
B. On a zoning matter initiated by application, the Planning Commission shall make its recommendation or decision within forty days after opening its first hearing on the matter or, if no hearing is held, within forty days after acceptance of the application. The Planning Commission may extend the time limit prescribed for its action only with the consent of the applicant and only to the extent such extension is not in conflict with other laws.
C. On a zoning matter initiated by the Planning Commission, the Commission shall act within one hundred eighty days of such initiation, or such other period as may be requested by the City

Council.

D. On a zoning matter initiated by the City Council and referred to the Planning Commission, and on any matter referred back to the Commission by the City Council after previous consideration by the Commission, the Commission shall act within forty days after referral, or such longer period as may be set by the City Council. (See California Government Code Sections 65853 and 65857 .)
E. For any zoning matter initiated by the City Council, the Council shall act within one hundred eighty days of such initiation unless extended by the Council for good cause. For any other zoning matter presented to the City Council, the Council shall act within forty days after opening its first hearing on the matter; or, if no hearing is held on the matter, within forty days after the Council receives the matter; or, if referred back to the Planning Commission, within forty days after receipt of the Commission's report or within forty days after expiration of the Commission's time limit for such report. The Council may extend the period for its action for good cause shown.
(Ord. 1754, 6/24/2025)

A. Failure of the Director or Zoning Administrator to act on a zoning matter within a time limit prescribed by this Division shall be deemed to be a disapproval unless the time limit is extended by mutual agreement with the applicant or initiator of the matter.
B. On a zoning matter referred to the Planning Commission by the City Council, failure of the Planning Commission to act within a prescribed time limit shall be deemed to be an approval. (See California Government Code Section 65853 .) On other matters, failure of the Commission to act within a prescribed time limit shall be deemed to be a disapproval upon the filing by the applicant of a written notice with the Director, even though the time limit may have been extended with consent of the applicant.
C. On a zoning matter under consideration by the City Council, failure of the Council to act within a prescribed time limit shall be deemed to be a disapproval upon the filing by the applicant of a written notice with the City Clerk, even though the time limit may have been extended.
(Ord. 1754, 6/24/2025)

A. For each decision on a zoning matter, within five working days after such decision is made, notice of the decision shall be sent by first class mail or delivered by a City employee to the applicant or other person initially requesting consideration of the matter and to any other person who has filed a written request for such notice with the officer responsible for giving such notice.
B. Responsibility for giving notice of decisions shall be as follows:
1. The Director and Zoning Administrator shall each give notice of their respective decisions.
2. The Planning Commission secretary shall give notice of Planning Commission decisions.
3. The City Clerk shall give notice of City Council's decision.
C. Upon the final approval of a zone change, conditional use permit, or variance, the responsible officer as identified above shall, within thirty days, and on behalf of the City Council, notify the County Assessor of the action. (See California Government Code Section 65863.5 .)
(Ord. 1754, 6/24/2025)