A.
The
purpose of this section is to provide a means for resolving uncertainty
or ambiguity as to the meaning or intent of any provision of this
Title, including:
1.
Further definition and enumeration of the uses permitted in the various
zones;
2.
Determination of parking space requirements for uses not specifically
listed in the vehicular provisions of this Title 19;
3.
Determination of the precise location of zone boundaries, or minor
adjustment thereof to conform to lot lines.
B.
Except
in the case of zone boundary determinations, each interpretation made
under this section is generally applicable to all future situations
of the same type and with similar circumstances, and is not limited
or directed to specific properties or circumstances thereon.
C.
Initiation. The preparation of an interpretation may be initiated
by order of the City Council or the Planning Commission, by the Director,
or by the written request of any interested party filed with the Director.
An interpretation shall not be initiated when a text change or zone
change involving the same issue has been initiated and is still under
consideration.
D.
Basis for Interpretation. An interpretation shall be based
upon an examination of the intent of this Title considering all the
relevant provisions thereof, and shall be consistent with such intent.
Careful consideration shall be given to the similarities and differences
among the uses permitted, development standards, and other regulations
applicable in the various zones.
E.
Preparation. Within forty days after the initiation of an
interpretation request, the Director shall prepare a written interpretation
and transmit it to the City Council and Planning Commission.
F.
Notice. Upon transmittal of an interpretation to the City Council and Planning Commission, public notice that such interpretation has been prepared shall be given in the same manner as for a text change (subsection C of Section 19.112.020), or in the case of a zone boundary determination, notice shall be made to owners of property adjacent to the involved boundary as provided in subsection F of Section 19.112.020. The notice shall explain that the interpretation may become effective without a hearing unless a written request for a hearing is received.
G.
Commission Hearing and Action.
1.
If a written request for a hearing is received from any interested
party within ten working days after notice is made, the Planning Commission
shall conduct such hearing. If no such request is made, the Commission
may consider the matter without hearing, and the matter may be placed
on the Commission agenda as a consent calendar item.
2.
The Planning Commission may adopt, modify, or disapprove an interpretation
as submitted by the Director, or may refer the matter back to the
Director for further study. The Planning Commission shall act within
forty days after transmittal of an interpretation from the Director,
except that a referral back to the Director is considered as an initiation
of an other interpretation.
3.
Planning Commission action on an interpretation is final unless appealed.
Failure to act is deemed to be an approval.
A.
Purpose. Certain types of uses and development situations, as designated in this Title, require special consideration of the unique circumstances of each case in order to ensure that the intent of this Title 19 is adequately implemented. Those developments subject to a conditional use permit shall follow the procedure set forth in this section.
B.
Authority. The Planning Commission shall have authority to
grant conditional use permits, subject to appeal to the City Council,
except the Zoning Administrator shall have such authority for those
conditional use permit matters involving existing facilities and development
when not more than a twenty percent expansion of floor area is involved.
In case of uncertainty as to assignment of authority over a specific
application, the Director shall determine which body shall have jurisdiction.
C.
Initiation. A conditional use permit procedure may be initiated
only by application of the owner(s) (or authorized agent) of the subject
property.
D.
Hearing. A public hearing shall be held on each application for a conditional use permit, with notice given to property owners within three hundred feet as provided in subsection E of Section 19.112.020. The hearing shall be conducted by the Planning Commission or Zoning Administrator, whichever has jurisdiction in the case.
E.
Findings.
1.
A conditional use permit may be approved if affirmative findings
are made based upon the following criteria:
a.
The proposed use and development is consistent with the General Plan
and any applicable specific plans;
b.
The site is adequate in size, shape, topography, location, utilities,
and other factors, to accommodate the use and development;
c.
Adequate street access and traffic capacity are or will be available
to serve the proposed development as well as existing and anticipated
development in the surrounding area;
d.
Adequate utilities and public services are or will be available to
serve the proposed development as well as existing and anticipated
development in the surrounding area;
e.
The use and development will be compatible with the intended character
of the area;
f.
Any criteria set forth elsewhere in this Title for the approval of
the specific use and development will be satisfied, including:
g.
Any adverse effects of the use and development are justified and
fully balanced by offsetting benefits to the public interest.
2.
A conditional use permit may be disapproved if affirmative findings
based on the above criteria are not made or conditions cannot be imposed
to adequately mitigate any adverse findings.
F.
Conditions.
1.
Any approval of a conditional use permit shall include conditions
applicable to the approved use and development which will implement
the intent of this Title, protect the public health, safety, and welfare,
and ensure development in accordance with approved plans.
2.
No condition shall be imposed which requires the dedication of land
or the construction of improvements, or bonding to guarantee construction
of improvements, if such dedication or improvements are not reasonably
related to the use permitted. (See California Government Code Section
65909.)
G.
Decisions.
1.
The action of the Planning Commission or Zoning Administrator is
final unless appealed in writing to the City Clerk within ten working
days.
2.
The effective date of such approval shall commence upon the date
that the applicant files an acceptance of the terms of the approval
with the Director, but in no case prior to the expiration of the appeal
period.
H.
Minor Modification of Conditions.
1.
After a conditional use permit has become effective, minor modifications
of the conditions of such permit may be made in accordance with the
provisions of this subsection.
2.
Consideration of minor modifications of conditions may be initiated
only by application of the owner(s) (or authorized agent) of the subject
property.
3.
Upon acceptance of such application, the Director may approve, in
writing, and without further procedure, minor modifications of conditions
for reasons of practicality or improved design, but shall apply the
same criteria and requirements applicable to the conditional use permit,
and shall not approve any modification which would be inconsistent
with the approved conditional use permit.
4.
Upon making such approval, the Director shall promptly notify the
applicant and the members of the City Council and Planning Commission
of his or her action.
5.
The Director's determination is final unless appealed, but does not
become effective unless and until a written acceptance thereof is
received from the applicant.
6.
In case of an appeal, a public hearing shall be held by the Planning
Commission, with notification and payment of fees to be the same as
for a conditional use permit. The action of the Planning Commission
is subject to further appeal to the City Council in the same manner
as for a conditional use permit.
I.
Expiration. A conditional use permit shall expire if:
1.
Construction or use of the property under permit is not commenced
within one year after the expiration of the appeal period or Council
decision date if appealed unless otherwise provided within the terms
of the approval;
2.
Any provision in the permit for termination of the use becomes effective;
3.
The use is discontinued for a period of six months;
4.
A zone change or text change becomes effective which results in the
use or development becoming either automatically permitted or no longer
eligible for approval under a conditional use permit. This provision
shall apply to all conditional use permits whether issued prior to
or after the effective date of this provision;
5.
A more recently approved conditional use permit becomes effective
for the same property.
J.
Extension.
1.
An application to extend the time period before a conditional use
permit expires may be filed by the owner(s) (or authorized agent)
of the subject property prior to the expiration of such permit.
2.
A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.
3.
For any additional extension, the approving body, or City Council
on appeal, may grant extensions of such time period for up to one
year for each extension if the earlier expiration of the permit is
found to present an undue hardship with respect to implementing the
approved use and development of the property and such extension would
not be materially detrimental to the public health, safety, and welfare.
(Ord. 1338 § 5, 1996; Ord. 1405 § 4, 2000)
A.
A residential condominium development (new construction or conversion of existing development) is subject to the conditional use permit procedure as provided in Section 19.128.020, the State Subdivision Map Act (see California Government Code Section 66427.1), and the additional and modified procedural elements as provided in this section.
B.
Pre-application
(For Conversions Only).
1.
A prospective applicant for a conversion to a residential condominium
shall first obtain pre-application information from the City's Planning
and Building divisions, and submit to the divisions the information
requested.
2.
The Planning and Building division staff shall review the information
submitted to evaluate the conformity of the proposal with City requirements. The staff shall discuss its findings with the applicant and provide
a written summary. In no case, however, shall the staff comments be
construed as binding upon any prospective action by the City.
3.
The application for a residential condominium conversion shall be
for essentially the same project as presented in the pre-application
except for any changes accepted by the applicant to meet in whole
or in part the results of the pre-application staff evaluation. If
other substantial changes from the pre-application proposal are proposed,
another pre-application evaluation shall be accomplished before acceptance
of the application.
C.
Notice of Proposed Conversion.
1.
When a condominium conversion is proposed, the following information
shall be included with the application for conditional use permit:
2.
Between 10 and 40 days prior to the Planning Commission hearing on
a proposed condominium conversion, the Planning Commission secretary
shall give notice of the hearing to tenants of the existing development
by mail to the addresses on the certified list.
D.
Criteria. The criteria for approval of a residential condominium
project shall include the following:
1.
The project design shall provide long-term attractiveness and stability
both within the project and in the neighborhood.
2.
The special standards for condominium projects as provided in Section 19.448.030 are substantially met.
E.
Criteria for Conversion. The following additional criteria
shall be applied in considering conversions:
1.
The conversion will not produce a shortage of rental housing with
respect to the family sizes and income levels of the households being
accommodated in the existing development.
2.
The overall vacancy rate for rental housing in the City will not
be reduced below 3 percent.
3.
The conversion will not cause unreasonable displacement of residents,
especially long-term residents, low and moderate income families,
senior citizens, and families with schoolchildren.
F.
Conditions. In addition to the requirements set forth in this Title (Section 19.448.030) for residential condominiums, additional conditions may be imposed to:
A.
Authority.
1.
Any development of a type listed below shall not be commenced, nor
any City permit issued therefor, until a site plan showing the proposed
development has been submitted for review and approved as provided
in this section:
a.
Construction of a new building;
b.
Sitting of a manufactured dwelling;
c.
Exterior alterations to an existing building; other than those alterations allowed under an interdepartmental review pursuant to Section 19.128.100;
d.
Provisions for any new or additional parking facilities;
e.
The erection of any fence greater than 7 feet in height;
f.
Expansion of a single-family dwelling, where the total residential
floor area with the expansion, including converting any non-habitable
areas into habitable area, will exceed the greater of:
(i)
1,100 square feet, or
(ii)
150 percent of the residential floor area existing as of July 19, 1993 and as defined under Section 19.316.050,
(iii)
A public hearing shall be held regarding expansion of single-family homes or new homes, as defined in subsection 1. Public notice shall be provided to adjacent and affected property owners, as determined by the Community Development Director, in compliance with Section 19.112.020(F) to ensure disclosure. Expansions to single-family homes shall comply with adopted "Guidelines for Single-Family Residential Additions" to promote compatibility between expanded homes and adjacent properties;
g.
Installation of any exterior exposed neon or unshaded bulb architectural
building lighting within the CO, CS, CG zones and any specific plan
area;
h.
Installation of artificial turf within front yard areas in place
of natural turf within the RS-6, RS-8, RS-10, and RS-16 zones.
3.
Signs included within a development subject to site plan review may
be approved as part of the site plan approval in lieu of approval
under the separate zoning sign permit procedure.
4.
The Zoning Administrator shall consider and act upon site plan review
matter when it is submitted in connection with:
a.
A development for which some other type of application under the
jurisdiction of the Zoning Administrator is under consideration;
b.
A multi-family residential development of less than 5 units;
c.
Changes of 40 percent or less in the existing floor area of each
building involved;
d.
Development of a single-family residence in an RS-6 zone, within
an established tract but not in conjunction with a division of land.
5.
The Zoning Administrator shall conduct a site plan review according to the same procedure as provided for a zoning adjustment under Section 19.128.080.
6.
Any site plan review not under the jurisdiction of the Zoning Administrator shall be considered by the Planning Commission according to the procedure set forth in this section, except that when a site plan review is conducted in conjunction with consideration of a conditional use permit, variance, relocation permit (under Title 15), or similar proceeding, a separate application, fee, and proceeding is not required and the considerations and determination required under this section shall be included in such other proceeding.
B.
Criteria. Action on a site plan review is based upon the following
criteria:
1.
The proposed development meets all applicable requirements of this
Title and other laws;
2.
The site arrangement and improvements will not be detrimental to
the existing and intended character of the area as defined by the
General Plan, any applicable specific plans, and this Title;
3.
Property values will be conserved;
4.
Effective and satisfactory methods are provided to protect nearby
structures and activities from noise, vibration, and other adverse
environmental effects generated by the subject development;
5.
The exterior architectural design is in reasonable harmony with the
architectural character of the area;
6.
The arrangement and design for pedestrian and vehicular traffic will
minimize congestion and protect pedestrian and vehicular safety.
C.
Decision.
1.
The Planning Commission or Zoning Administrator shall act upon a
site plan review within forty days after the application has been
accepted unless this time limit is extended with the consent of the
applicant.
2.
A site plan may be approved, approved with conditions found necessary
to protect the public health, safety, and welfare, or disapproved
based upon findings that the requirements and intent of this Title
are not satisfied.
3.
The action of the Planning Commission or Zoning Administrator is
final unless appealed in writing to the City Clerk within 10 working
days.
4.
The effective date of such approval shall commence upon the date
that the applicant files an acceptance of the terms of the approval
with the Director, but in no case prior to the expiration of the appeal
period.
D.
Appeal. If appealed, a site plan review matter shall be placed
on the agenda of the next regular City Council meeting. The Council
shall act on the matter at this meeting or a continuance thereof in
the same manner as provided for Commission action.
E.
Endorsement. Upon approval of a site plan under the site plan
review procedure, the Director shall cause the plan or plans to be
endorsed and if necessary supplemented with written or graphic documents
in such a way as to clearly identify the matters approved.
F.
Revisions.
1.
After a site plan has become effective, minor modifications of the
conditions of such permit may be made in accordance with the provisions
of this subsection.
2.
Consideration of minor modifications of conditions may be initiated
only by the application of the owner(s) (or authorized agent) of the
subject property.
3.
Upon acceptance of such application, the Director may approve, in
writing, and without further procedure, minor modification of conditions
for reason of practicality or improved design, but shall apply the
same criteria and requirements applicable to the site plan, and shall
not approve any modification which would be inconsistent with the
approved site plan. Upon making such approval, the Director shall
promptly notify the members of the City Council and Planning Commission
of his or her action.
4.
The Director's determination shall be final unless appealed, but
does not become effective unless and until a written acceptance thereof
is received from the applicant.
5.
In case of an appeal, a hearing shall be held by the Planning Commission,
with notification and payment of fees to be the same as for a site
plan. The action of the Planning Commission is subject to further
appeal to the City Council in the same manner as for a site plan.
G.
Expiration.
1.
If development in accordance with an approved site plan is not commenced within 1 year after the approval of the approving body, the approval shall expire unless extended as provided under subsection H of this section.
2.
If this Title is amended after a site plan has been approved, and
such amendment no longer permits the development as approved, the
development nevertheless may be carried out if started before expiration
of approval, but any features not in compliance with the amended provisions
of this Title are subject to the non-conformity provisions of this
Title. Upon request of the property owner(s), the Director may modify
a site plan approval to the extent necessary to conform to the amended
provisions of this Title.
H.
Extension.
1.
An application to extend the time period before a site plan expires
may be filed by the owner(s) (or authorized agent) of the subject
property prior to the expiration of such permit.
2.
A first-time extension may be granted by the Director in accordance with the provisions of Section 19.128.100.
3.
For any additional extension, the approving body, or City Council
on appeal, may grant extensions of such time period for up to 1 year
for each extension if the earlier expiration of the permit is found
to present an undue hardship with respect to implementing the approved
use and development of the property and such extension would not be
materially detrimental to the public health, safety, and welfare.
(Ord. 1306 § 10, 1994; Ord. 1338 §§ 6, 7, 1996; Ord. 1443 § 3, 2003; Ord. 1474 § 4, 2005; Ord. 1586 § 3, 2015)
A.
Authority. When a zoning sign permit is required and a signing plan is included as part of an application for site plan review, conditional use permit, variance, or similar approval under this Title, the zoning sign permit matter may be considered and approved as part of such other proceeding. In other cases, when a zoning sign permit is required (see subsection B of Section 19.904.070), the matter shall be considered by the Zoning Administrator following the same procedure as provided for zoning adjustments under Section 19.128.080.
B.
Criteria. Action on zoning sign permits is based upon compliance with the provisions of this Title and any sign guidelines or standards adopted for the area of the subject property pursuant to Section 19.904.060.
A.
Authority. Except for underground utilities waivers permitted for single family homes in accordance with Section 19.128.100, the Planning Commission may, after consideration at a public meeting, waive requirements for undergrounding if the required findings outlined in subsection C of this section can be found. The decision of the Planning Commission may be appealed in writing to the City Clerk within 10 working days.
B.
Initiation. Consideration of a waiver under this section may
be initiated only by application of an owner(s) (or authorized agent)
of the subject property.
C.
Criteria. A waiver under this section may be granted if it
is found that topography, soil, or other conditions are such that
the required undergrounding of utility facilities would constitute
an unnecessary hardship inconsistent with purposes of the undergrounding
requirements.
(Ord. 1338 § 8, 1996)
A.
Authority. The Planning Commission may, after consideration at a public meeting, waive requirements for the conforming number of parking spaces within a garage for an existing single-family dwelling when required under Section 19.204.240 for an expansion of the dwelling floor area. The decision of the Planning Commission may be appealed to the City Clerk within 10 working days.
B.
Initiation. Consideration of a waiver under this section may
be initiated only by application of a owner(s) (or authorized agent)
of the subject property.
C.
Criteria. A waiver under this section may be granted if it
is found that the existing conditions as to the location and floor
plan design of any nonconforming garage and/or dwelling is such that
the provision of a conforming garage would constitute an undue hardship
upon the owner(s) of the subject property.
A.
Purpose. The purpose of the zoning adjustment procedure is
to provide a simplified means of considering, for practical reasons,
nondetrimental minor deviations from certain development standards
set forth in this Title when applied to alterations of existing development.
B.
Authority.
1.
When considered in conjunction with an application for site
plan review, conditional use permit, variance, or similar procedure,
a zoning adjustment may be acted upon by the officer or body having
jurisdiction over such other application. In all other cases,
a zoning adjustment shall be considered and acted upon by the Zoning
Administrator, subject to appeal to the City Council.
2.
The types of matters which may be considered under a zoning adjustment
and the maximum allowable deviation from the requirement of this Title,
are as follows:
a.
Building Height. Increase in allowable height of building
or structure: 20 percent;
b.
Yards and Permitted Encroachments. Encroachment of a
single-family dwelling or accessory building into a required yard:
(i)
Front yard encroachment: 20 percent,
(ii)
Side yard encroachment: 20 percent,
(iii)
Rear yard encroachment: 20 percent,
(iv)
Addition to existing structure which is nonconforming as to
yard encroachment: 500 square feet and no more than existing encroachment
distance or 2 feet, whichever is less,
(v)
Rear yard coverage: a maximum of 40 percent of the required rear
yard; provided, that the total lot coverage does not exceed 40 percent,
(vi)
Rear yard coverage for properties located on a corner with an
existing garage within the required rear yard: a maximum of 55 percent
of the required rear yard; provided that an area equivalent to the
required rear yard is provided within one of the required side yards
of the property together with that portion of the required rear yard
that is adjacent to the required side yard and that the total lot
coverage does not exceed 40 percent. No portion of the structure exceeding
the code prescribed 30 percent rear yard coverage shall be greater
than 1 story in height;
c.
Driveway Width. Reduction in width of required accessway:
10 percent;
d.
Required Parking Spaces. Reduction of not more than
two parking spaces in the number of required spaces in any commercial
or industrial zone;
e.
Fence Height.
(i)
Residential fence height up to 50 percent greater than permitted
height but not more than eight feet total height,
(ii)
Fence up to 6 feet in height located
in a required side or rear yard abutting a street for commercial and
industrial zones, under the following criteria:
(aa)
Yard shall be located along a Commuter Arterial
or Local Street, as defined within the Circulation Element of the
General Plan.
(bb)
Fence shall be for the sole purpose of securing a parking area
that is developed to City standards and where the parking is permitted
within the required yard.
(cc)
Fence shall not be view-obscuring.
(dd)
Fence shall have a minimum 10-foot setback from the street property
line.
C.
Initiation. Consideration of a zoning adjustment may be initiated
only by the owner(s) (or authorized agent) of the subject property.
D.
Meeting. Each application for a zoning adjustment shall be
considered at a public meeting. When considered by the Zoning Administrator,
such meeting shall be held not more than 40 days after acceptance
of the application, and the determination shall be made at the meeting
or a continuance thereof. Any extension of time for the decision shall
be only with the consent of the applicant.
E.
Criteria. The determination of a zoning adjustment is based
on the following criteria:
1.
There are practical reasons or benefits of improved design which
justify the deviation from the prescribed standards;
2.
The adjustment, with any conditions imposed, will provide equal or
better protection to adjacent property;
3.
The adjustment is not in conflict with the objectives of the General
Plan, any applicable Specific Plan, or the intent of this Title.
F.
Decision. The officer or body acting upon a zoning adjustment
may approve, deny or approve with reasonable conditions. The initial
determination on an adjustment is final unless appealed.
(Ord. 1367 § 9, 1998; Ord. 1392 § 8, 1999)
A.
Prior to the issuance of any building permit, sign permit, or permit for any exterior mechanical equipment including air conditioning equipment and solar equipment, and prior to the construction of any residential fence or other development feature specifically made subject to this section, the proposed development plan shall be submitted to the Director for review as to compliance with the provisions of this Title and any standards adopted pursuant to Section 19.124.050.
B.
Construction
and placement of solar equipment, and alteration of single-family
dwellings, including manufactured dwellings, on foundations, shall
be reviewed under this section for compliance with standards of architectural
compatibility with structures in the immediate area, including consideration
of roof overhang and roof and siding materials. (See California Government
Code Sections 65850.5 and 65852.3.)
C.
Certification. Upon finding that a proposed development conforms
to all requirements of this Title and standards adopted under this
Title, zoning compliance shall be certified as follows:
1.
For a sign copy change: by endorsement on a graphic representation
of the approved copy;
2.
For a sign installation other than a mere copy change: by endorsement
on plans for the approved installation and issuance of an identification
sticker which is required to be attached to and maintained on the
sign structure in a visible location;
3.
For all other cases: by endorsement on the approved plans or permit
application.
A.
Purpose. The purpose of the interdepartmental review process
is to provide a procedure for the expeditious review and approval
of projects listed in Sections 19.128.100.B.1 and 19.128.100.B.2.
Projects subject to the interdepartmental review process do not require
adjustments or deviations from the regulations set forth in this Title
and meet the goals and policies of the general plan.
B.
Authority.
1.
Any development of a type listed below shall not be commenced, nor
any City permit issued therefore, until an interdepartmental review
application has been submitted for review and approved as provided
in this section:
a.
Construction of unenclosed accessory structures in the commercial
and industrial zones, including, but not limited to, covered parking
areas and loading docks, provided that:
b.
Minor exterior alterations to an existing building, provided that
no building square footage is added. Minor exterior alterations include,
but are not limited to, placement of doors, windows, and awnings;
minor modifications to building entrances and exits; and, minor building
facade improvements.
c.
Minor revisions to existing parking facilities, provided that the
total number of parking spaces is not reduced. Minor revisions include,
but are not limited to, relocation of parking spaces and landscaped
areas, restriping, and placement of required trash enclosures.
d.
The installation of a fence within a required yard abutting a street for multi-family residential developments in the RM-10 or RM-20 zones. A permitted fence for a multi-family development in the RM-10 or RM-20 zones shall be reviewed pursuant to Chapter 19.428 (Development Standards—Fences, Walls, Hedges, and Berms) and the City of Buena Park's Architectural
Design Guidelines. For other permitted uses in the RM-10 or RM-20 zones, the installation of fences shall be reviewed pursuant to Chapter 19.428 (Development Standards—Fences, Walls, Hedges, and Berms) and Section 19.128.090 (Zoning Compliance Review).
e.
The installation of a security gate for multi-family residential
developments in the RM zones, provided that the required number of
on-site parking spaces is not reduced. Permitted security gates shall
be reviewed pursuant to the City of Buena Park's Architectural
Design Guidelines.
f.
Waiver of underground utilities for a new single family home located
in the RS zones, provided that:
g.
One extension of time, beyond the original effective date, may be granted by the Director for up to one year for an approved conditional use permit (as defined by Section 19.128.020) and an approved site plan (as defined by Section 19.128.040) provided that:
(i)
The applicant can demonstrate an undue hardship with respect to implementing
the said project; and
(ii)
Such extension will not be materially detrimental to the public
health, safety, and welfare; and,
(iii)
Said project complies with the provisions of the General Plan,
applicable Specific Plans, and as set forth in this Title at the time
the extension is requested. Subsequent requests of extensions of time
shall be considered by the Planning Commission or City Council in
accordance with the aforementioned Sections.
h.
Soil decontamination equipment, mechanical equipment, above ground
storage tanks, and silos, as an incidental use, at an operating business
in commercial and industrial zones, provided that the aforementioned
equipment, tanks, or silos are:
(i)
Completely screened from view by a block wall, fencing, or an existing
on-site building. Screening must be architecturally consistent with
the facility in terms of design type and colors;
(ii)
Located to the rear of the primary structure;
(iii)
Situated so that existing on-site vehicular circulation and
landscaped areas are not adversely impacted, and the required number
of on-site parking spaces is not reduced.
i.
Conversion of existing carports to garages in the RM-10 and RM-20
zones, provided that:
j.
Use of chain link as a fencing material in zones and locations as specified and permitted under subsection B.4 of Section 19.528.030.
2.
Construction of handicap parking and ramps for existing multi-family
residential, commercial, and industrial properties subject to the
provisions of the California State Building Standards Code (Title
24) accessibility regulations adopted by the Division of the State
Architect and the American with Disabilities Act (ADA). In order to
comply with State law, the provision of handicap parking and ramps
for such properties may result in the loss of a minimum of existing
on-site parking spaces.
C.
Initiation. The interdepartmental review process may be initiated
only by application of the owner(s) (or authorized agent) of the subject
property.
D.
Application and other required submittal information. An application
and any other information deemed necessary shall be submitted to the
Director a minimum of 10 working days prior to the anticipated activation
of the requested use.
E.
Criteria. Action on an interdepartmental review application
is based upon the following criteria:
1.
The proposed development meets all applicable requirements of this
Title and other laws;
2.
The site arrangement and improvements will not be detrimental to
the existing and intended character of the area as defined by the
General Plan, any applicable specific plans, and this Title;
3.
Property values will be conserved;
4.
Effective and satisfactory methods are provided to protect nearby
structures and activities from noise, vibration, and other adverse
environmental effects generated by the subject development;
5.
The exterior architectural design is in reasonable harmony with the
architectural character of the area;
6.
The arrangement and design for pedestrian and vehicular traffic will
minimize congestion and protect pedestrian and vehicular safety.
F.
Investigation. Upon determination by the Director, copies
of the application and any attachments shall be forwarded to every
City department which would or could be affected by such use, whereupon
each department shall investigate and respond in writing to the Director
with recommendations on the application.
G.
Decision.
1.
An interdepartmental review application may be approved, approved
with conditions found necessary to protect the public health, safety,
and welfare, or disapproved based upon findings that the requirements
and intent of this Title are not satisfied.
2.
The action of the Director of Development Services is final upon
written acceptance of the action by the applicant, unless appealed
in writing to the Secretary of the Planning Commission. Any appeal
of the decision must be filed within ten working days of the Director's
action.
3.
The effective date of such approval shall commence upon the date
that the applicant files an acceptance of the terms of the approval
with the Director.
H.
Appeal. In case of an appeal, a hearing shall be held by the
Planning Commission, with notification and payment of fees to be the
same as for a site plan. The action of the Planning Commission is
subject to further appeal to the City Council in the same manner as
for a site plan.
I.
Endorsement. Upon approval of an interdepartmental review
application under the interdepartmental review procedure, the Director
shall cause the plan or plans to be endorsed and if necessary supplemented
with written or graphic documents in such a way as to clearly identify
the matters approved.
J.
Revisions.
1.
Consideration of minor modifications of conditions may be initiated
only by the application of the owner(s) (or authorized agent) of the
subject property.
2.
Upon acceptance of such application, the Director may approve, in
writing, and without further procedure, minor modification of conditions
for reason of practicality or improved design, but shall apply the
same criteria and requirements applicable to the interdepartmental
review application, and shall not approve any modification which would
be inconsistent with the approved interdepartmental review application.
3.
The Director's determination shall be final unless appealed, but
does not become effective unless and until a written acceptance thereof
is received from the applicant.
4.
In case of an appeal, a hearing shall be held by the Planning Commission,
with notification and payment of fees to be the same as for a site
plan. The action of the Planning Commission is subject to further
appeal to the City Council in the same manner as for a site plan.
K.
Expiration.
1.
If development is not commenced within one year after the approval
of an interdepartmental review application, said approval shall expire.
2.
If this Title is amended after an interdepartmental review application
has been approved, and such amendment no longer permits the development
as approved, the development nevertheless may be carried out if started
before expiration of approval. However, any features which are not
in compliance with the amended provisions of this Title are subject
to the nonconformity provisions of this Title. Upon request of the
property owner(s), the Director may modify an interdepartmental review
approval to the extent necessary to conform to the amended provisions
of this Title.
(Ord. 1338 § 9, 1996; Ord. 1367 § 9, 1998)
A.
Authority. Under specified circumstances an owner of property
may file for a Temporary Garage Use Permit to use a portion of the
owner's garage for a purpose other than the parking of a motor vehicle
("the Permit Area.").
B.
Initiation. Consideration of a Temporary Garage Use Permit
under this section may be initiated only by application of an owner(s)
(or authorized agent) of the property filed with the Zoning Administrator,
and accompanied by a fee as established by Resolution of the City
Council.
C.
Application Acceptance Criteria. A Temporary Garage Use Permit
application will be accepted if the applicant provides evidence satisfactory
to the Zoning Administrator that:
1.
A minimum of one garage parking space shall be available and shall
not be used for any purpose that would prevent the parking of a motor
vehicle within the parking space.
2.
The current owner of the property owned the property prior to January
1, 1990.
3.
The standard two-car garage door has not been removed.
4.
The improvements reducing the number of available parking spaces
within the garage existed when the property owner purchased the property.
5.
The Permit Area is not being used as a habitable area or additional
living space.
D.
Meeting. Each application for a Temporary Garage Use Permit
that is deemed complete shall be considered at a public meeting conducted
by the Zoning Administrator. Incomplete applications shall not be
accepted. The meeting shall occur within forty days of the date of
application submission and written notice of the decision shall be
provided to the applicant within 14 days of the conclusion of the
meeting. The Zoning Administrator may continue the meeting upon request
of the applicant.
E.
Zoning Administrator's Decision. The Zoning Administrator shall consider all potential impacts of the reduction of garage parking that would occur if the Temporary Garage Use Permit is granted. An application may be granted if the Zoning Administrator finds that the criteria in subsections C.1 through 5 of this section have been satisfied and that the number of occupants residing on the property and number of vehicles on the property support a reduction in garage size, will not be contrary to the objectives of the Zoning Ordinance or the health, safety, and welfare of the surrounding residents, and will not otherwise adversely affect properties in the immediate vicinity. The Zoning Administrator shall be authorized to impose conditions in addition to those set forth in subsection F of this section, where deemed necessary to minimize the potential for adverse effects to occur as a result of the issuance of a Permit.
F.
Conditions of Approval. Each Temporary Garage Use Permit is
subject to the following terms and conditions:
1.
Each Permit shall be effective for a maximum of five years and may
be renewed by the Zoning Administrator upon approval of a written
request for an extension and payment of a new Permit application fee,
as specified above in this section. A request for extension must provide
evidence satisfactory to the Zoning Administrator that all of the
factors and conditions required for approval of the original application
remain unchanged since first approved, and that the permitee has complied
in all respects with this section.
2.
The owner shall obtain a building permit for any installation of
walls, electrical, plumbing, or mechanical fixtures within the Permit
Area. The application for building permit shall clearly state and
acknowledge that all work performed under such permit must be removed
upon termination of the Permit. No additional improvements beyond
those that existed at the time of application shall be permitted,
except to bring the area into conformance with the City's Building
and related Codes.
3.
Any future request to construct a room addition to the property shall
be contingent upon relinquishment of the Permit. The improvements
authorized by the Permit shall be demolished prior to the final inspection
of any future room addition, and the garage must be promptly restored
to its original condition.
4.
The Permit issued pursuant to this section shall automatically terminate
upon the sale or transfer of the property.
5.
Throughout the term of the Permit, the property shall remain in compliance with the Application Acceptance Criteria set forth in subsection C of this section.
6.
Prior to the Permit becoming effective, the terms and conditions
applicable to the Permit shall be accepted and agreed upon in writing
by the property owner and recorded with the Orange County Recorder's
Office.
(Ord. 1479 § 3, 2005)
