Chapter 9.48 — CONDITIONAL USE PERMITS

Conditional uses are unique, and their effect on the surrounding environment cannot be determined prior to being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing it to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the benefit(s) to the community against the resulting negative impacts.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An application for a conditional use 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)

Each conditional use 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 conditional use permit shall be reviewed by the design review committee prior to approval by the commission. 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. Large family day care homes have specific conditional use permit procedures and standards; refer to section 9.10.020(b)(4).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.48.020. - Hearings and notice.

Upon receipt in proper form of a conditional use permit 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. 9.48.025. - Findings.

Following a hearing, the commission shall record the decision in writing and shall recite therein the findings upon which the decision is based. The commission may approve and/or modify a conditional use permit application in whole or in part, with or without conditions, only if all of the following findings are made:

(a)

That the proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this code.

(b)

That the proposed use is consistent with the general plan.

(c)

That the approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Article 6 of the Municipal Code.

(d)

That the location, size, design, and operating characteristics of the proposed use are compatible with the existing and known future land uses and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the city.

(e)

That the proposed use would not impair the integrity and character of the zoning district in which it is to be located.

(f)

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

(g)

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

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.48.030. - Use of property before final decision.

No permit shall be issued for any use involved in an application for approval of a conditional use 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. 9.48.035. - Conditional use permit expiration.

A conditional use permit shall be exercised within one year from the date of approval or the permit shall become null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

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 the extension, the commission shall ensure that the conditional use permit complies with all current Code provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The commission may hold a hearing to revoke or modify a conditional use 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 conditional use 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 conditional use permit 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 9.48.025 can no longer be made.

(b)

That the conditional use permit was obtained by misrepresentation or fraud.

(c)

That the use for which the conditional use 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 conditional use 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 conditional use permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A conditional use permit granted pursuant to the provisions of this chapter shall continue to be valid upon a change of ownership of the site, business, service, use, or structure which was the subject of the permit application. The new owner/operator shall file for, and receive approval of, a certificate of occupancy, and agree, in writing, to all applicable conditions and operating standards prior to re-opening under the new ownership.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.49. - SPECIFIC PLANS

Sec. 9.49.005. - Purpose.

The purpose of this chapter is to establish uniform procedures for the adoption and implementation of specific plans for the coordination of future development within the city, pursuant to state law (Government Code § 65450 et seq.)

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.010. - Content of specific plans.

A specific plan application shall include a text and diagram which provide all of the information required by state law (Government Code §§ 65451 and 65452), in addition to all data and related exhibits required by the department.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.015. - Adoption/amendment of specific plans.

A specific plan shall be prepared, adopted, and amended in the same manner as the general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the council. A specific plan may be repealed in the same manner as it is required to be amended.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.020. - Hearings and notice.

Upon receipt in proper form of a specific plan application, or upon initiation by the director, commission, or council, and following review by the department, public hearings shall be set before the commission and council. Notice of the hearings shall be given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.025. - Use of property prior to adoption.

No permit application shall be accepted by the department for property encompassed by a specific plan study/review until the plan is adopted by the council.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.030. - Commission action on specific plans.

The commission shall make a written recommendation to the council on the proposed specific plan whether to approve, approve in modified form, or deny, based upon the findings contained in section 9.49.040.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.035. - Council action on specific plans.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form, or deny the proposed specific plan based upon the findings contained in section 9.49.040.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.040. - Findings.

A specific plan may be approved only if all of the following findings are made:

(a)

That the proposed plan is consistent with the general plan.

(b)

That the proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(c)

That the subject property is physically suitable for the requested zoning designation(s) and the anticipated land use development(s).

(d)

That the proposed plan will ensure development of a desirable character and is harmonious with existing and proposed development in the surrounding neighborhood.

(e)

That the proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No public works project, tentative map or parcel map, or other land use entitlement may be approved, adopted, or amended within an area covered by a specific plan unless found to be consistent with the adopted specific plan.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.49.050. - Applicable regulations.

All applications shall be subject to the applicable provisions of this code, including the procedures located in the following chapters:

(a)

Chapter 9.55 Applications and Fees.

(b)

Chapter 9.56 Hearings and Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.50. - GENERAL PLAN AMENDMENTS

Sec. 9.50.005. - Purpose.

The council may amend the general plan whenever required by public necessity and general welfare.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.010. - Hearings and notice.

Upon receipt in proper form of a general plan amendment application, or upon initiation by the director, commission, or council, and following review by the department, public hearings shall be set before the commission and council. Notice of the hearings shall be given in a manner consistent with chapter 9.56 (Hearings and Appeals).

An applicant for a general plan amendment which requires one or more additional land use applications, shall file all related permit applications concurrently with the amendment request.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.015. - Commission action on amendments.

The commission shall make a written recommendation to the council on the proposed amendment whether to approve, approve in modified form, or deny, based upon the findings contained in section 9.50.030.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.020. - Council action on amendments.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form or disapprove the proposed amendment based upon the findings contained in section 9.50.030.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.025. - Limitation on amendments.

No mandatory element of the general plan may be amended more than four times during any calendar year in a manner consistent with state law (Government Code §§ 65350, 65354.5, and 65358), pursuant to chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.030. - Findings.

An amendment to the general plan may be approved only if all of the following findings are made:

(a)

That the proposed amendment is internally consistent with the general plan.

(b)

That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(c)

That the proposed amendment would maintain the appropriate balance of land uses within the city.

(d)

That the subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested/anticipated land use development(s).

(e)

That a mitigation monitoring program has been adopted, pursuant to state law (Public Resources Code § 21081.6), and chapter 2 (Environmental Quality).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.50.035. - Applicable regulations.

All applications shall be subject to the applicable provisions of this code, including the procedures located in the following chapters:

(a)

Chapter 9.55 Applications and Fees.

(b)

Chapter 9.56 Hearings and Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.51. - ZONING MAP AMENDMENTS

Sec. 9.51.005. - Purpose.

The council may amend the official zoning map whenever required by public necessity and general welfare.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon receipt in proper form of a zoning map amendment application, or upon initiation by the director, commission or council, and following review by the department, public hearings shall be set before the commission and council. Notice of the hearings shall be given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.51.015. - Commission action on amendments.

The commission shall make a written recommendation to the council on the proposed amendment whether to approve, approve in modified form, or deny, based upon the findings contained in section 9.51.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.51.020. - Council action on amendments.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form, or deny the proposed amendment based upon the findings contained in section 9.51.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.51.025. - Findings.

An amendment to the official zoning map may be approved only if all of the following findings are made:

(a)

That the proposed amendment is consistent with the general plan.

(b)

That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(c)

That the proposed amendment would maintain the appropriate balance of zoning districts/land uses within the city.

(d)

That the subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.51.030. - Applicable regulations.

All applications shall be subject to the applicable provisions of this code, including the procedures located in the following chapters:

(a)

Chapter 9.55 Applications and Fees.

(b)

Chapter 9.56 Hearings and Appeals.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

CHAPTER 9.52. - DEVELOPMENT CODE AMENDMENTS

Sec. 9.52.005. - Purpose.

The council may amend the provisions of this code for the public health, safety, convenience, general welfare and the aesthetic harmony of the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.52.010. - Hearings and notice.

Upon receipt in proper form of a Development Code amendment application, or upon initiation by the director, commission, or council, and following review by the department, public hearings shall be set before the commission and council. Notice of the hearings shall be given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.52.015. - Commission action on amendments.

The commission shall make a written recommendation to the council on the proposed amendment whether to approve, approve in modified form, or deny, based upon the findings contained in section 9.52.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.52.020. - Council action on amendments.

Upon receipt of the commission's recommendation, the council may approve, approve in modified form, or deny the proposed amendment based upon the findings contained in section 9.52.025.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.52.025. - Findings.

An amendment to this code may be approved only if all of the following findings are made:

(a)

That the proposed amendment is consistent with the general plan.

(b)

That the proposed amendment is internally consistent with this code.

(c)

That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

All applications shall be subject to the applicable provisions of this code, including the procedures located in the following chapters:

(a)