Use permits, revocable, conditional or valid for a term period
may be issued for any of the uses or purposes for which such permits
are required or permitted by the terms of this title.
(Prior code § 25-194)
Application for use permits shall be made in writing by owners
of the property, or lessee, purchase in escrow or by owner’s
authorized representative with the consent of the owner, on a form
prescribed by the planning commission. The application shall be accompanied
by:
(1)
Sixteen (16) sets of a plot plan drawn to scale, showing the location
of property, boundaries and improvements proposed, all dimensioned.
(2)
The fee established by city council resolution.
(3)
A list of all property owners within three hundred (300) feet of
the exterior boundary lines of the property involved in the application
as certified by a title insurance company authorized to do business
in Orange County, California. Such list shall be typed in duplicate
upon gummed labels ready for mailing, and shall be accompanied by
a location map.
(Prior code § 25-195; Ord. 68-O-130 § 1, 1968; Ord. O-2007-07 § 42, 2007)
(a)
Public Hearing. The planning commission or, if the matter has been appealed pursuant to Section 23.87.050, the city council, as the case may be, shall hold a public hearing.
(b)
Notice of Public Hearing.
(1)
Mail or Delivery. Notice of hearing shall be mailed or delivered
at least ten (10) days prior to the hearing to the owner of the subject
real property or the owner’s duly authorized agent, the project
applicant, each local agency that provides facilities and services
whose ability to provide those services may be significantly affected,
and all owners of real property as shown on the latest equalized assessment
roll within a three hundred (300) foot radius of the exterior boundaries
of the real property that is the subject of the hearing.
(2)
Post. Ten (10) days prior to the hearing, notice of the hearing shall
be posted in at least three (3) public places within the city including
at least one (1) place on or near the real property that is the subject
of the hearing.
(c)
Failure to Receive Notice. Failure of any property owner to receive
such notice shall not alter the validity of the hearing.
(Prior code § 25-196; Ord. 68-O-130 § 2, 1968; Ord. 84-O-110 § 1, 1984; Ord. 91-O-119 § 6, 1990)
The planning commission shall approve the use permit application
only if:
(1)
The proposed use will not be: (A) detrimental to the general health,
safety or general welfare of the persons residing or working within
the neighborhood of the proposed development or within the city, or
(B) injurious to the property or improvements within the neighborhood
or within the city; and
(2)
The proposed use will be consistent with the latest adopted general
plan; and
(3)
Conditions necessary to secure the purposes of this section, including
guarantees and evidence of compliance with conditions, are made part
of the use permit approval.
(Prior code § 25-197; Ord. 75-O-109, 1975; Ord.
94-O-103 § 5, 1994)
(a)
The decision of the planning commission shall be final unless appealed in writing to the city council by the applicant or any other interested person (as defined in Chapter 23.04) within ten (10) calendar days. The letter of appeal shall be accompanied by a processing fee as established by city council resolution. The letter shall be filed with the city clerk’s office.
(b)
Any member of the city council may appeal the decision of the planning
commission in writing within ten (10) calendar days. The letter shall
be filed with the city clerk’s office.
(c)
The city council shall hold a public hearing and notices shall be mailed as set forth in Section 23.87.030. Notices shall also be given to the applicant, the planning commission and the appellant. The planning commission shall submit a report and meeting minutes to the city council, setting forth the reasons for action taken by the commission.
(d)
The city council shall make its own determination as to whether the proposed use meets the standards outlined in Section 23.87.040 and may approve, modify or disapprove the decision of the planning commission. Any significant modification of the use permit, not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing on the proposed modification. Failure to report upon the proposed modification within forty (40) days, or such longer period as the council may designate, shall be deemed an approval of the proposed modification.
(Prior code § 25-198; Ord. 68-O-130 § 3, 1968; Ord. 75-O-109, 1975; Ord.
81-O-115, 1981; Ord. O-2007-07 § 43, 2007)
No building permit shall be issued in any case where a use permit
is required by the terms of this title until ten (10) days after the
granting of such use permit by the planning commission, or after granting
of such use permit by the city council in the event of appeal and
then only in accordance with the terms and conditions of the use permit
granted.
(Prior code § 25-199; Ord. 97-O-112 § 1, 1997)
(a)
Any use permit granted in accordance with the terms of this title
shall be revoked if a finding is made that:
(b)
The planning commission shall hold a public hearing on any proposed
revocation after giving ten (10) days’ notice prior to the hearing.
The planning commission shall report in writing its recommendation
to revoke, modify or allow the use permit to remain unchanged to the
city council. The city council shall hold a public hearing and shall
determine the facts and may revoke, modify or allow the use permit
to remain unchanged.
(Ord. 89-O-130 § 2, 1989; Ord. 90-O-117 § 2, 1990)
(a)
Any use permit granted in accordance with the terms of this title
shall expire if not used within one (1) year from the date of final
approval.
(b)
For new construction only, any use permit granted in accordance with
the terms of this title shall expire if not used within two (2) years
from the date of final approval.
(c)
Application may be made to the planning director for a one (1) year
extension on new construction only. No more than one (1) extension
shall be allowed.
(d)
A use permit approved in conjunction with a vesting tentative map
shall expire at the time that the corresponding map expires. If an
extension is granted for the map, the same extension shall automatically
be granted for the use permit.
(e)
When a final vesting subdivision map has been recorded for a project,
the accompanying use permit approved in conjunction with the map shall
remain in effect.
(f)
If a use permitted by a use permit ceases for a continuous period
of one (1) year, it shall be considered abandoned and the use permit
shall be considered expired. The use can be reinstated only after
approval of a new use permit, pursuant to the provisions of this chapter.
(g)
Where there is an existing valid use permit(s) and a new unrelated
use permit(s) is approved and subsequently used on the same site,
the new use permit(s) shall automatically invalidate the previously
approved use permit(s).
(Ord. 78-O-128 § 2, 1978; Ord. 83-O-120 § 1, 1983; Ord. 92-O-112 § 1, 1992; Ord. 93-O-114 § 2, 1993; Ord. 93-O-110 §§ 10, 1993; Ord. 94-O-120 § 1, 1994)
The intent of this section is to provide a process for certain minor use permit modifications to be evaluated by the director of development services or designee, ensuring that said use permit modifications are compatible with surrounding land uses and businesses, and are consistent with the goals and objectives of the general plan. Further, a use permit modification process may be utilized for qualifying uses under Section 23.87.110 that are already established, and seek to expand operations to an outdoor space, or to request a minor modification to the established conditions of approval pursuant to Section 23.87.120.
(Ord. O-2022-09 § 4, 2022)
The administrative use permit process shall apply in the following
instances:
(2)
To uses with a need to locate a portion of their indoor operations outside on the same property as a given use or onto adjacent public property with a valid encroachment permit, e.g. a fitness center that would like to offer limited outdoor operations. Said uses must also be consistent with subsection (3) or (4) of this section;
(3)
To uses or businesses that are deemed to have a valid use permit
that seek a use permit modification;
(4)
To existing uses or businesses that are currently permitted by the
PMC subject to a use permit, and said use or business is found to
be a legally established use and is legally permitted to operate and
is in good standing with the city of Placentia licensing requirements,
i.e. uses or business that were established prior to a the requirement
of a use permit;
(5)
Any eligible use or business applying for outdoor operations utilizing
the administrative use permit process are only eligible to locate
a portion of their indoor operations outside on the same property
as a given use or onto adjacent public property with a valid encroachment
permit.
(Ord. O-2022-09 § 4, 2022)
Only the applicable uses listed in Section 23.87.110 may utilize the administrative use permit modification in lieu of a use permit application reviewed by the planning commission for any of the minor operational changes listed in this section:
(a)
Any change which does not constitute, either individually or cumulatively,
a major change in operational characteristics;
(b)
Minor changes to floor and seating plans which do not result in a
substantial increase in seating occupancy, as determined by the director
of development services;
(c)
The introduction of valet parking;
(d)
Eligible uses applying for outdoor operations locating a portion
of their indoor operations outside on the same property as a given
use or onto adjacent public property with a valid encroachment permit;
(e)
A reduction in required parking in conjunction with eligible uses
applying for outdoor operations may also apply to reduce the required
onsite parking up to twenty-five (25) percent;
(f)
Standards for outdoor seating areas and outdoor business operations
shall be complied with as a condition of the use permit and/or administrative
use permit modification. These standards and policy guidelines are
on file in the planning division of the development services department.
(Ord. O-2022-09 § 4, 2022)
Application for administrative use permits shall be made in
writing by owners of the property, or lessee, purchase in escrow or
by owner’s authorized representative with the consent of the
owner, on a form prescribed by the city of Placentia. The application
shall be accompanied by:
(1)
Ten (10) sets of a site plan and supporting plans drawn to scale,
showing the location of property, boundaries and improvements proposed,
all dimensioned to the satisfaction of the director of development
services or designee;
(2)
The fee established by city council resolution;
(3)
A list of all property owners within three hundred (300) feet of
the exterior boundary lines of the property involved in the application
as certified by a title insurance company authorized to do business
in Orange County, California. Such list shall be typed in duplicate
upon gummed labels ready for mailing, and shall be accompanied by
a location map.
(Ord. O-2022-09 § 4, 2022)
(a)
An administrative use permit modification shall be reviewed and acted
upon by the director of development services or designee pursuant
to the findings set forth in Section 23.87.40.
(b)
At least ten (10) calendar days prior to the decision of the director
of development services, notice of the proposal shall be mailed to
the applicant, owner and situs of property within three hundred (300)
feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. At least ten (10) calendar days prior to the
public hearing, a notice of the hearing shall be posted at the project
site in clear public view.
(c)
The application may be approved with conditions or denied. Approvals shall be subject to the operational standards contained within Chapter 23.87, and those conditions the director of development services, or designee finds necessary to ensure compatibility with the surrounding area and the general plan.
(d)
Decisions of the director of development services, or designee shall be final, unless appealed to the planning commission, utilizing the provisions and procedures outlined in Section 23.87.040. The planning commission action may also be appealed to city council pursuant to the provisions of Section 23.87.050. All appeals must be accompanied by a fee established by city council resolution.
(Ord. O-2022-09 § 4, 2022)
