Chapter 9.43 — ARCHITECTURAL AND DESIGN REVIEW

Sec. 9.43.005. - Purpose and intent.

The regulations of this chapter only apply to matters requiring a city building permit with the exception of amateur radio station antennas. The purpose of this chapter is to preserve the natural scenic character of the city. Minimum standards are established relating to the siting and massing of either a new structure or a remodeled structure in an existing neighborhood to ensure, to the greatest extent practicable, that the resulting structures are compatible with the neighborhoods within which they are located. The intent of this chapter is to regulate the development or redevelopment of each building site with respect to adjacent land, public or private, and existing structures so as to maximize visually pleasant relationships, ensure a bright, open neighborhood with a maximum of light and air, and avoid the unpleasant appearance of crowding one structure against another, or of one structure towering over another, insofar as is reasonable and practical. It is not the intent to restrict or regulate the right of an individual property owner to determine the type of structure or addition he or she may wish to place or modify on the parcel. It is the intent, however, to ensure that the new or modified structure does not impact adjacent property owners or the compatibility of structures in the neighborhood. The regulations in this chapter are in addition to the other regulations/ordinances of the city, and, where in conflict, the more restrictive regulations shall apply.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.010. - Compatibility in residential zones.

No person shall construct any dwelling, accessory building, or structures, improvements, patio covers, roofs, balconies, decks, porches, terraces, exterior steps or stairways, walls, fences, antennas, spas, swimming pools, or make any additions to, or modify, any structure, or install a new roof on any structure, on any parcel in a residential zone in the city for which a building permit is required unless the resulting construction is found to be compatible with the neighborhood within which it is located. The design criteria and review processes contained in this chapter are provided to protect and maintain the established character of all residential neighborhoods within the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.015. - Objectives.

In order to maintain neighborhood compatibility, any proposal for construction within a residential zone shall comply with the following objectives:

(a)

Natural amenities. Improvements to residential property shall respect and preserve, to the greatest extent practicable, the natural features of the land, including the existing topography and landscaping.

(b)

Neighborhood character. Proposals shall be reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, particularly those within 300 feet of the proposed development parcel boundaries. While many elements can contribute to the scale of a residential structure, designs should minimize the appearance of over or excessive building substantially in excess of existing structures in the neighborhood. The square footage of the structure and the total lot coverage should reflect the uncrowded character of the city and the respective neighborhood. The height

of the structures shall maintain, to the extent reasonably practicable, consistency with the height of structures on neighboring parcels.

(c)

Privacy. Design proposals shall respect to the extent reasonably practicable the existing privacy of adjacent parcels by maintaining an adequate amount of separation between the proposed structure and adjacent parcels, and the design of balconies, decks, and windows should respect the existing privacy of adjacent parcels.

(d)

Views. Designs should consider, to the extent reasonably practicable, neighbor's existing views.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.020. - Process.

The following requirements shall apply to all proposals for construction of new, or modification of, or addition to existing structures, for all residential parcels.

(a)

Application. An application for architectural review shall be made to the director on forms furnished by the director and accompanied by plans showing the effect of the proposed work upon visual relationships with other parcels, existing structures, or land adjacent to or within 300 feet of the proposed work, and any other information the director may require. The application shall be accompanied by the required fees pursuant to chapter 9.55 (Applications and Fees).

(b)

Review by Homeowner Association. An application, involving a parcel regulated in part by a homeowner association referred to in the conditions, covenants and restrictions (CC & R's) for said parcel, shall be submitted to the architectural review committee of the homeowner association for review. In the event the homeowner association does not have an active or established architectural review committee, the director shall review the application.

(c)

Non-Homeowner Association Parcels. An application for architectural review for a parcel which is located in an area which does not have a homeowner association identified in the CC&R's for said parcel shall be submitted to the director for review.

(d)

Submission to adjoining property owners. If, in the opinion of the director, a proposed improvement would directly impact a neighboring parcel, the applicant shall submit the application for architectural review to the owner of the adjoining parcel for review and comment.

(e)

Approvals. In the event that an architectural review committee or its designated representative, the director, and all adjoining property owners, if any, approve of the proposed improvement and file written consent(s) thereto within 60 days of submission, the application shall be deemed approved and the proposed improvement can be submitted to plan check, if required. Failure to act on the proposed improvement within the 60-day period shall be deemed approved by the entity or person to whom the proposed improvement was submitted. The director may grant an extension of time to an architectural review committee if good cause is shown and the request is made in writing. It shall be the responsibility of the applicant to submit to the director written evidence showing the initial submittal date of plans to the architectural review committee and adjoining property owners.

(f)

Referral to commission. In the event that a proposed improvement is disapproved by an architectural review committee, the director, or any adjacent property owner, the architectural review application shall be submitted to the commission for review and determination. The director shall set the application for public hearing and shall give notice of the time and place of the hearing pursuant to the provisions of chapter 9.56 (Hearings and Appeals). The commission may approve, approve with conditions, or disapprove the application and shall render its decision within 30 days after the conclusion of its hearing. The decision of the commission shall be final unless appealed to the council.

(g)

Appeal of decision to council. Any interested party may, within 15 days after the decision of the commission, appeal the decision to the council. The appeal shall be filed with the city clerk on a form prescribed by the council, accompanied by payment of the fee pursuant to chapter 9.55 (Applications and Fees), and shall include the reasons for the appeal. The city clerk shall set the appeal for public hearing and give notice of the time and place of the hearing pursuant to the provisions of chapter 9.56 (Hearings and Appeals). The council may approve, approve with conditions, or disapprove the application and shall render its decision within 30 days of the conclusion of the hearing. The resolution shall contain the council's findings. The city clerk shall mail a copy of the resolution to the applicant and the decision of the council shall be final.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.025. - Design review committee.

The purpose of the design review committee is to supplement the overall development review process by focusing on physical design elements which may lay outside of the normal project review process. It is the intent of the design review committee to make recommendations to the commission on matters related to a project's physical design based on established design standards and guidelines of the city.

These provisions are established to ensure the following:

(a)

That guidance is provided to the commission regarding the physical design of proposed development projects.

(b)

That proposed development projects comply with all applicable performance standards and design guidelines adopted by the city.

(c)

That the community's design standards are applied in a creative and an imaginative fashion in order to establish and maintain quality architectural and landscape design in the city.

(d)

That proposed projects appear and function in a harmonious manner with all development components (such as signs, landscaping, and parking areas) on site and with adjacent development.

(e)

That the general plan policies that encourage the preservation and enhancement of the city's character are implemented.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.030. - Committee membership.

The design review committee shall consist of the following:

(a)

Two members of the planning commission. The members shall be appointed by the chairman of the commission and confirmed by the commission.

(b)

Director or appointed designee.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.035. - Committee duties.

The duties and responsibilities of the design review committee shall be to review development proposals and to make recommendations to the commission regarding the project's physical design. In some cases, the commission may delegate design and architectural decisions to the design review committee. Design guidelines and other architectural matters being processed by the department may be referred to the design review committee by the commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.43.040. - Design review procedure.

Upon consideration of a development proposal, the commission at its discretion or based on the director's recommendation to the commission may refer a proposed project to the design review committee. The

commission may request that design review committee develop a recommendation or the commission may delegate the final resolution of a particular design matter to the committee.

The design review committee may request additional information from the project applicant, than contained in the original application, if it is needed to better understand the project.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.44. - MINOR MODIFICATIONS (TO APPROVED PERMITS)

Sec. 9.44.005. - Purpose.

The modification procedure is intended to provide a method whereby minor changes may be made to existing, previously approved land use entitlements, without any additional impact or expansion of use or structure(s).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.44.010. - Application.

The minor modification of a previously approved entitlement requires the approval of the director who may establish additional conditions to further the intent of this chapter. An application for the minor modification shall be on a form prescribed by the director and shall be filed with the department, pursuant to chapter 9.55 (Applications and Fees). Any modification request which exceeds the prescribed limitations outlined in this chapter shall require the filing of a new application and a subsequent hearing by the appropriate review authority.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.44.015. - Applicability.

The director may grant a minor adjustment to an approved permit, up to a maximum of 30 percent of the standards being modified, governing only the following measurable design/site considerations, which in no case would result in a reduction from any minimum standard outlined in this code:

(a)

On-site circulation and parking, loading and landscaping.

(b)

Placement and/or height of walls, fences and structures.

(c)

Reconfiguration of architectural features and/or modification of finished materials that do not alter or compromise the previously approved theme.

(d)

A reduction in density or intensity of a development project.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.45. - MINOR EXCEPTIONS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 06-237, § 1, adopted Feb. 2, 2006, amended ch. 9.45 in its entirety and enacted similar provisions as set out herein. The former ch. 9.45 derived from Ord. No. 98-193, §§ 1—4, adopted Oct. 19, 1998.

Sec. 9.45.005. - Purpose.

These provisions shall ensure the following:

(a)

Minor adjustments from the standards contained in this code shall be granted only when, because of practical difficulties, unnecessary hardships, or special circumstances as each may apply to the property, the strict application of this code deprives the property of privileges enjoyed by other property in the same tract and under identical zoning districts.

(b)

Any minor exception granted shall be subject to conditions as are necessary to ensure that the minor adjustment thereby authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the same tract and zoning district in which the property is situated, and such that neighborhood compatibility is maintained.

(c)

Any improvement permitted through the minor exception process shall comply with all other applicable statutes, ordinances, laws, and regulations, including but not limited to the provisions of chapter 9.34 (Architectural and Design Review) of this Code.

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.010. - Application.

An application for a minor exception shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 06-237, § 1, 2-6-06)

(a)

The director may approve or conditionally approve a minor exception, up to a maximum of 15 percent of the standard or standards being modified, but only for the following measurable design/site standards:

(1)

Distance between structures.

(2)

Parcel dimensions.

(3)

On-site parking, loading, landscaping, and lighting.

(4)

Setbacks.

(5)

Structure heights.

(b)

Any request for a deviation that exceeds the prescribed limitations outlined in this section shall require the filing of a variance application, pursuant to chapter 9.46.

(c)

Encroachments into a front yard setback for structures that are proposed above an existing garage, which garage is set back at no less than 17 feet from the front property line, shall be permitted by right and shall be exempt from the minor exception requirement.

(Ord. No. 06-237, § 1, 2-6-06)

The director may approve or conditionally approve an application only if all of the following findings are made:

(a)

That strict application of this code deprives the property of privileges enjoyed by other property in the same tract under identical zoning districts and codes due to practical difficulties, unnecessary hardships or special circumstances as each pertains to the size, shape, topography, location or surroundings of the property itself.

(b)

That granting the minor exception will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the same tract and zoning district in which the property is located.

(c)

That granting the minor exception does not constitute a special privilege inconsistent with the limitations upon other properties in the same tract and zoning district in which the property is located.

(d)

The proposed project for which the minor exception permit is sought should be compatible with neighborhood, defined as the tract in which the property is located. For purposes of this finding, the following factors may be considered to determine compatibility with the neighborhood:

(1)

Building setbacks.

(2)

Garage location, configuration and number of vehicles that the garage can house.

(3)

Distance between adjacent buildings.

(4)

Amount of landscaping in yard areas.

(5)

Lot coverage.

(6)

Building architecture (roof pitch, colors, materials, bulk and mass).

(7)

Proportion of one and two-story profiles in the neighborhood.

(8)

Whether front yards are fenced or are open.

(9)

Building articulation, including varying depth of facades directly visibly from public rights-of-way, accent features, architectural projections and similar design characteristics.

(10)

Screening and reasonable privacy protection.

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.025. - Precedent.

The granting of a prior minor exception is not admissible evidence for the granting of a new minor exception.

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.030. - Burden of proof.

The burden of proof to establish the evidence in support of the findings, as required by section 9.45.020, is the responsibility of the applicant.

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.035. - Notice; appeals.

Upon receipt in proper form of a minor exception application, a hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 of this Municipal Code.

(Ord. No. 06-237, § 1, 2-6-06; Ord. No. 17-324, § 7, 9-12-17)

Sec. 9.45.040. - Minor exception expiration.

A minor exception shall be exercised within one year from the date of approval, or the minor exception shall become null and void.

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.045. - Time extension.

The director may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting of an extension, the director shall ensure that the minor exception complies with all current Code provisions.

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.050. - Use of property before final decision.

No permit shall be issued for any use involved in an application for approval of a minor exception until, and unless, the same shall have become final, pursuant to section 9.56.040 (Effective date).

(Ord. No. 06-237, § 1, 2-6-06)

Sec. 9.45.055. - Revocation.

The director may hold a public hearing to revoke or modify a minor exception granted pursuant to the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the

applicant and/or owner of the property for which the minor exception was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A minor exception may be revoked or modified by the director if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.45.020 can no longer be made, and the grantee has not substantially exercised the rights granted by the minor exception.

(b)

That the minor exception was obtained by misrepresentation or fraud.

(c)

That the improvement authorized pursuant to the minor exception had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the minor exception have not been met, and the grantee has not substantially exercised the rights granted by the minor exception.

(e)

That the improvement authorized pursuant to the minor exception is in violation of any statute, ordinance, law, or regulation.

(f)

That the improvement permitted by the minor exception is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 06-237, § 1, 2-6-06)

CHAPTER 9.46. - VARIANCES

Sec. 9.46.005. - Purpose.

These provisions shall ensure the following:

(a)

Variances from the terms of this code shall be granted only when, because of special circumstances

applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning districts.

(b)

Any variance granted shall be subject to conditions which will ensure that the adjustment thereby authorized shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

(c)

The power to grant variances does not extend to use regulations. Flexibility in use regulations is provided in chapter 9.48 (Conditional Use Permits).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.010. - Application.

An application for a variance shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.015. - Applicability.

The commission may grant a variance from the requirements of this code governing only the following matters:

(a)

Permit the modification of the dimensional standards of the following:

(1)

Distance between structures;

(2)

Parcel area;

(3)

Parcel coverage;

(4)

Parcel dimensions;

(5)

Setbacks; and

(6)

Structure heights.

(b)

Permit the modification of sign regulations (other than prohibited signs).

(c)

Permit the modification of the number and dimensions of parking areas, loading spaces or lighting requirements.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.020. - Hearings and notice.

Upon receipt in proper form of a variance application, a public hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.025. - Findings.

Following a public hearing, the commission shall record the decision in writing and shall recite therein the findings upon which the decision is based, pursuant to state law (Government Code § 65906). The commission may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

(a)

That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification.

(b)

That granting the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district and denied to the property for which the variance is sought.

(c)

That granting the variance will not be detrimental to the public health, safety, or welfare, or injurious to the property or improvements in the vicinity and zoning district in which the property is located.

(d)

That granting the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is located.

(e)

That granting the variance does not allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel.

(f)

That granting the variance will not be inconsistent with the general plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.030. - Precedents.

The granting of a prior variance is not admissible evidence for the granting of a new variance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.035. - Burden of proof.

The burden of proof to establish the evidence in support of the findings, as required by section 9.46.025, is the responsibility of the applicant.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.040. - Variance expiration.

A variance shall be exercised within one year from the date of approval, or the variance shall become null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.045. - Time extension.

The commission may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting of an extension, the commission shall ensure that the variance complies with all current Code provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.050. - Use of property before final decision.

No permit shall be issued for any use involved in an application for approval of a Variance until, and unless, the same shall have become final, pursuant to section 9.56.040 (Effective Date).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.46.055. - Revocation.

The commission may hold a public hearing to revoke or modify a variance granted pursuant to the provisions of this chapter. Fifteen days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the variance was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A variance may be revoked or modified by the commission if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.46.025 can no longer be made, and the grantee has not substantially exercised the rights granted by the variance.

(b)

That the variance was obtained by misrepresentation or fraud.

(c)

That the improvement authorized pursuant to the variance had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

(e)

That the improvement authorized pursuant to the variance is in violation of any statute, ordinance, law, or regulation.

(f)

That the improvement permitted by the variance is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.47. - PLANNED DEVELOPMENT PERMITS

Sec. 9.47.005. - Purpose.

The planned development permit procedure is intended to protect the integrity and character of the residential, commercial, and industrial areas of the city through the application of the provisions of this chapter consistent with the general plan. At the time of application submittal, a review of the location, design, configuration, and impact of the proposed use shall be conducted by comparing the use to established standards and design guidelines. These standards/guidelines are intended to allow for nontraditional or unique site plan design, if found appropriate by the commission. This review shall determine whether the permit should be approved by weighing the benefit(s) to the community against the resulting negative impacts.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.010. - Application.

An application for a planned development permit shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.015. - Applicability.

A planned development permit shall be required for all applicable structures and uses permitted by this code; however, none shall be required for alterations to an existing single-family structure. Specifically, a permit shall be required under the following circumstances:

(a)

For a new structure or use listed as subject to a planned development permit in the applicable zoning district.

(b)

Expansion or conversion of an existing structure or use.

(c)

For the enlargement or exterior alteration of an existing structure for which a planned development permit has not been issued, excluding existing single-family structures.

(d)

For the movement and/or relocation of any structure, including factory-built and manufactured housing, to any parcel within the city.

(e)

For the expansion of a legal nonconforming structure for which a planned development permit has not been issued (the structural dimensions [i.e., setbacks, height, parcel coverage, etc.] related to the expansion shall comply with the provisions of this code).

(f)

For the rebuilding/replacement of a destroyed/demolished legal nonconforming structure for which a planned development permit has not been issued (the original structure, or portion thereof, may be rebuilt to its former footprint [i.e., setbacks, heights, parcel coverage, etc.], if granted a planned development permit).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.020. - Project review.

Each planned development permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a planned development permit shall be reviewed by the design review committee prior to approval by the applicable review authority. Additionally, each application which may involve any grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.025. - Hearings and notice.

Upon receipt in proper form of a planned development permit application, a hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.030. - Findings.

Following a hearing, the appropriate review authority, as outlined in Figure 1 of chapter 9.40.005, shall record the decision in writing and shall recite therein the findings upon which the decision is based. The review authority may approve and/or modify a planned development permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The review authority may approve a planned development permit, only if all of the following findings are made:

(a)

That the proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this code, including prescribed development standards and design guidelines.

(b)

That the subject site is physically suitable for the type and intensity of the land use being proposed.

(c)

That the proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area.

(d)

That the proposed development is harmonious and compatible with the land uses presently on the subject property.

(e)

That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed development is not detrimental to public health and safety.

(f)

That there is adequate public access to serve the proposed development.

(g)

That there are no significant harmful effects upon the environmental quality and natural resources.

(h)

That the negative impacts of the proposed development shall be mitigated.

(i)

That the proposed development is consistent with the general plan.

(j)

That the location, size, design, and operating characteristics of the proposed development are not detrimental to the public interest, health, safety, convenience, or welfare of the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Within one year of planned development permit approval, commencement of construction shall have occurred or the permit shall become null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.040. - Use of property before final decision.

No permit shall be issued for any use involved in an application for approval of a planned development permit until, and unless, the same shall have become final, pursuant to section 9.56.040 (Effective Date).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.045. - Modification/amendment of planned development permit.

An approved planned development may be modified pursuant to chapter 9.55 (Applications and Fees). Minor modifications to an approved planned development may be approved by the director, pursuant to chapter 9.44 (Minor Modifications).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.050. - Time extension.

The review authority may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting the extension, the review authority shall ensure that the planned development permit complies with all current Code provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.47.055. - Revocation.

The review authority may hold a hearing to revoke or modify a planned development permit granted pursuant to the provisions of this chapter. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the planned development permit was

granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A planned development permit may be revoked or modified by the review authority if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.47.030 can no longer be made.

(b)

That the planned development permit was obtained by misrepresentation or fraud.

(c)

That the use for which the planned development permit was granted had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the planned development permit have not been met.

(e)

That the use is in violation of any statute, ordinance, law, or regulation.

(f)

That the use permitted by the planned development permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)