Amendments to the general plan shall be processed in the same manner as amendments to the zoning ordinance, subject to the additional requirements of California Government Code Sections 65350-65362.
(Ord. 12-95)
A.
Initiation and Application. Initiation and application for amendments to the zoning ordinance or zoning map shall be made pursuant to Section 17.08.030 of this title.
B.
Planning Commission Procedures.
1.
Hearing Required. Upon receipt of an application requesting a zone change or zoning ordinance amendment, the secretary of the Planning Commission shall set the matter for hearing not more than 60 days from the date an application is deemed complete. The Planning Commission shall hold at least one public hearing on the matter.
2.
Recommendation to City Council. The Planning Commission shall render its decision in written form to the City Council, and the report shall include the following information:
C.
Hearing by City Council. Upon receipt of the report from the Planning Commission, the Council shall conduct at least one public hearing on the matter. The Council may approve, modify or disapprove the Commission's recommendation. If the matter under consideration is a change of zone and the Planning Commission has recommended against the adoption of the change of zone, the Council shall not be required to take any further action on the amendment unless an interested party appeals the matter to the Council within 15 days of the date of the denial.
D.
Planning Commission Review of City Council Changes. Substantial modification of the proposed amendment by the City Council which was not previously considered by the Planning Commission shall be referred to the Planning Commission for report and recommendation.
(Prior code 17.92.120, 17.92.090; Ord. 38-68; Ord. 4-87; Ord. 12-95)
A.
Purpose and Intent. The City recognizes that certain types of land use, due to the nature of the use, require special individual review. Such review is required to determine whether the proposed use, or the location of the use, is compatible with surrounding uses or can be made compatible through the imposition of development conditions. The conditional use permit is established to facilitate such review.
B.
Initiation and Application. Initiation and application for a conditional use permit shall be made pursuant to Section 17.08.030.
C.
Conditional Use Permits Reviewed by Planning Commission.
1.
The Planning Commission shall hear applications made for all conditional use permits with the exception of those made to the City Council or Zoning Administrator, pursuant to Sections 17.10.030(D) and (E). At least one noticed public hearing shall be held for a conditional use permit application. Also, the Planning Commission shall hear any conditional use permit application which has been submitted in conjunction with any other application subject to Planning Commission review.
D.
Conditional Use Permits Reviewed by City Council. The City Council shall have the final authority to review and determine the following conditional use permits.
1.
Alcoholic beverage sales in conjunction with sale of motor fuel, and off-sale of alcoholic beverages in industrial zones.
E.
Conditional Use Permits Reviewed by Zoning Administrator.
1.
The Zoning Administrator shall have the authority to review the following conditional use permits:
a.
Permits to allow amusement arcades in appropriate zones as prescribed.
b.
Permit for large family day care homes, subject to special criteria and hearing requirements set forth in Section 17.13.040(NN).
F.
Requirements for Granting Conditional Use Permits. Conditional use permits may be heard and decided provided that findings are made based on the following guidelines:
1.
A conditional use permit shall be granted upon sound principles of land use and in response to services required by the community.
2.
A conditional use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.
3.
A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located.
4.
A conditional use permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.
5.
In the flood plain overlay zones a conditional use permit shall include a finding that the proposed project, alone or in combination with existing developments, will not endanger life, restrict the carrying capacity of the regulatory floodway, increase flood heights, or increase flood velocities.
G.
Approval May Be Conditional. In granting any conditional use permit, the reviewing body may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this code and punishable under this code. The reviewing body may prescribe a time limit within which the action for which the conditional use permit is required shall be started, completed or both.
H.
Revocation of Conditional Use Permits.
2.
A conditional use permit may be revoked if any of the conditions or terms are violated, or if any ordinance or other provision of law is violated in connection with the permit.
The Planning Commission shall hold a public hearing to determine if the terms of the conditional use permit are being violated in addition to any other ordinance or provision of law, and shall make a recommendation to the City Council. The City Council shall make the final determination on a revocation. |
I.
Expiration of Conditional Use Permits. Approved conditional use permits shall become void under the following circumstances:
1.
If the use has not commenced, or if substantial construction has not begun within 24 months after the date the conditional use permit was approved. However extensions of time may be granted in accordance with Section 17.08.060;
2.
Unless otherwise provided in subsection (I)(3), if the use has ceased to exist for more than one year;
3.
Due to the nature of the following specified uses, if the use has ceased to exist for more than six months:
a.
Alcoholic beverage sales in conjunction with sale of motor fuel, and off-sale of alcoholic beverages in industrial zones;
b.
Antennas, wireless communication facilities;
c.
Amusement arcades;
d.
Bars;
e.
Billiard parlors;
f.
Liquor stores;
g.
Massage establishments;
h.
Restaurants with alcoholic beverage sales;
i.
Restaurants with on-site brewing and sale of beer;
j.
Sale of alcoholic beverages.
(Prior code 17.94.050, 17.94.060, 17.92.010, 17.92.120, 17.92.140, 17.86.170; Ord. 13-65; Ord. 38-68; Ord. 20-69; Ord. 37-73; Ord. 40-73; Ord. 40-76; Ord. 41-76; Ord. 3-79; Ord. 20-79; Ord. 20-82; Ord. 26-83; Ord. 10-85; Ord. 17-86; Ord. 1-95; Ord. 12-95; Ord. 19-97; Ord. 4-03; Ord. 11-05; Ord. 8-14, 2015; Ord. 05-16, 2016; Ord. 13-18, 2018)
A.
Purpose and Intent. The City recognizes that certain types of land use, due to the nature of the use, require special individual review. The intent of this section is to accommodate reasonable requests for interim, temporary or seasonal uses within any zoning district, when such activities are desirable for the community in the short term but would have detrimental effects if allowed to continue on a permanent basis. Temporary uses allowed under this section shall be sensitive to the health, safety and general welfare of persons residing and working in the community and shall be conducted so as not to cause any long term detrimental effects on surrounding properties and the community. This section does not supersede existing regulations pertaining to specific temporary uses included in other code sections. The issuance of a temporary use permit does not confer any land use entitlement or property right to the holder of the permit. This permit is revocable with or without cause upon 30 days written notice to the permit holder, unless violations of public health, safety or welfare are occurring, in which case the permit will be immediately revocable.
B.
Initiation and Application. Application for temporary use permits shall be filed on forms furnished by the Community Development Department at least 30 days prior to initiation of the use. Applications for temporary uses shall contain the following information:
1.
The name and address of the sponsoring business or organization;
2.
The proposed location of the temporary use;
3.
The name and address of the party responsible for the temporary use;
4.
A list of communities in California where the temporary use has been previously conducted by the party responsible for the temporary use;
5.
The number of persons who will be engaged in conducting the temporary use, if applicable;
6.
A plot plan showing the entire property in addition to that portion of the property to be used to conduct the temporary use, including an exact description and plot plan describing the total extent of any off-street parking area which would be occupied for the purpose of conducting the temporary use;
7.
A completed property owner affidavit; and
8.
Such other information as shall be required by the Community Development Director.
C.
Temporary Use Permit for Uses of Limited, Specific Duration (Nonrecurring). Nonrecurring temporary uses, located within any zoning district in the City, except as specified in this section, shall include:
1.
Modular buildings used for classrooms or offices;
2.
Outdoor storage;
3.
Swap meets;
4.
Other temporary uses of a similar nature as determined by the Community Development Director;
5.
Procedure. The Community Development Director, shall serve as the initial reviewing body for nonrecurring temporary use permits. Once an application for a nonrecurring temporary use permit has been deemed complete, the Community Development Director shall consider and make a recommendation to approve, approve with conditions or deny the permit. The recommendation shall be forwarded to the Zoning Administrator. The Zoning Administrator, in reviewing the application, shall review the recommendations of the Community Development Director and shall act to approve, approve with conditions, or deny the application. Zoning Administrator action shall be deemed final;
6.
Design Review. Nonrecurring temporary uses on properties that meet the Historic Threshold, shall require the approval of the Design Review Committee prior to the establishment of the temporary use permit.
D.
Temporary Use Permit for Annual, Seasonal, or Recurring Uses. Annual, seasonal or recurring temporary uses, located within any zoning district in the City shall include:
1.
Off-site agricultural sales, including, but not limited to, Christmas tree lots, pumpkin patches and strawberry stands;
2.
Temporary holiday storage containers/trailers and outdoor storage containers/trailers ancillary to an existing permitted use;
3.
Other annual, seasonal or recurring temporary uses of a similar nature as determined by the Community Development Director;
4.
Duration. Annual, seasonal, or recurring temporary uses may be allowed for a maximum time period of six months; and
5.
Procedure. The Community Development Director shall serve as the initial reviewing body for recurring temporary uses. Once an application for a temporary use permit has been deemed complete, the Community Development Director shall have a staff review committee, as designated by the City Manager, consider and make a recommendation to approve, approved with conditions, or deny the permit. The staff recommendation shall be forwarded to the Community Development Director or designee. The Community Development Director, in reviewing a temporary use permit application, shall review the recommendations of staff and shall act to approve, approved with conditions, or deny the application. The Community Development Director's action shall be deemed final.
Annual, seasonal, or recurring uses on the same site with the same layout may be approved administratively provided that no physical changes have occurred to the property or property ownership within the time that has elapsed since the approval of the original temporary use permit by the Community Development Director. |
E.
Conditions of Approval. In granting any temporary use permit, the reviewing authority may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made a part of the terms under which the temporary use permit is granted, shall be deemed a violation of this code and punishable under this code. The reviewing authority may prescribe a time limit within which the action for which the temporary use permit shall be started, completed, or both. Conditions of approval may include, but are not limited to:
1.
Regulations of hours and days;
2.
Requirements of bonds or other guarantees for cleanup or removal of structures or equipment;
3.
Return of temporary use site to its original state within a specified period of time;
4.
Regulation of permit duration;
5.
Regulation of signs and advertising;
6.
Regulation of lighting;
7.
Regulation of public-address or sound system;
8.
Regulation of gas, smoke, noise, fumes, vibrations or other nuisances;
9.
Regulation of design features including, but not limited to, size, colors, material, architectural details and landscaping;
10.
Referral to the Design Review Committee; and
11.
Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.
F.
Criteria for Review. The reviewing authority shall consider the following criteria in granting a temporary use permit:
1.
That the temporary use permit is compatible with the various provisions of this chapter;
2.
That the temporary use is a reasonable use of land compatible with the general plan land use designation and zoning classification;
3.
That the temporary use will not impede the reasonable use of land, or the orderly development of land in the immediate vicinity;
4.
The temporary use will not adversely affect the adjacent uses, buildings or other structures;
5.
That the temporary use will not endanger the public health, safety or general welfare;
6.
Provisions for adequate traffic access/circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity; and
7.
That the granting of the temporary use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.
G.
Revocation. This permit may be revoked by the City for any reason in the sole and absolute discretion of the Community Development Director, or his or her designee, upon 30 days written notice, or immediately in the event that the permittee, as determined by the Community Development Director, or his or her designee, is in violation of any law or activity that endangers the public health, safety, or general welfare.
H.
Expiration. Permits for nonrecurring temporary uses shall not exceed a one year time period. Any nonrecurring temporary use exceeding one year must reapply. In no case shall any nonrecurring temporary use be allowed for more than two years. Annual, recurring temporary uses must be reapplied for each year.
(Ord. 03-02; Ord. 05-13, 2013; Ord. 18-25, 11/12/2025)
A.
Purpose and Intent. The City recognizes that certain properties, due to their unique shape, size, location or other physical condition cannot be developed in strict conformance with the regulations of this title. The variance procedure is established to provide guidelines and regulations for the granting of relief from certain provisions of this title. However, in no case may a variance be granted to permit a use otherwise not permitted in a zone district.
B.
Initiation and Application. Initiation and application for a variance shall be made pursuant to Chapter 17.08.030 of this title.
C.
Variances Reviewed by Planning Commission. The Planning Commission shall hear applications for all variances not under the jurisdiction of the Zoning Administrator, as indicated in Section 17.10.040(D). Also, the Planning Commission shall hear any variance application which has been submitted in conjunction with any other application subject to review by the Commission. At least one noticed public hearing shall be held to consider the variance application.
D.
Variances Reviewed by Zoning Administrator. The Zoning Administrator shall have the authority to review the following applications for variances:
1.
The location of accessory buildings which do not conform to the requirements of the Orange Municipal Code;
2.
Waiver of the following building site requirements for buildings constructed on a single lot or for buildings constructed on separate parcels of land provided there are less than five lots or parcels:
3.
Waiver of wall height requirements;
4.
Waiver of garage location and access requirements for new residential development on a lot that is vacant or previous development is raised to accommodate new development;
5.
Waiver of parking lot dimensional standards;
6.
Waiver of sign requirements;
7.
Waiver of antenna requirements for height, location, site, and setbacks, except for wireless communication facilities as defined in Chapter 17.04 of this title; and
8.
Waiver of building frontage requirements for commercial development in the neighborhood mixed use and urban mixed use zones.
Certain minor variations from development standards can be accomplished through the granting of an administrative adjustment permit, as outlined in Section 17.10.050 of this chapter. |
E.
Requirements for Granting of a Variance. The following findings must be made by the responsible reviewing body in granting a variance pursuant to Section 65906 of the California Government Code:
1.
That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and
2.
That the variance granted shall be subject to such conditions which will assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located.
F.
Approval May Be Conditional. In granting any variance, the reviewing body may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this code and punishable under this code. The reviewing body may prescribe a time limit within which the action for which the variance is required shall be started, completed or both.
G.
Revocation of Variances.
2.
A variance granted in accordance with the terms of such permit may be revoked if any of the conditions or terms are violated or if any ordinance or other provision of law is violated in connection with the variance. The Planning Commission shall hold a public hearing to determine if the terms of the variance are being violated in addition to any other ordinance or provision of law, and shall make a recommendation to the City Council. The City Council shall make the final determination on a revocation.
(Prior code 17.02.040, 17.10.040, 17.86.170, 17.92.030, 17.92.140, 17.94.060—17.94.080, 17.86; Ord. 13-58; Ord. 56-60; Ord. 64-62; Ord. 80-62; Ord. 20-69; Ord. 35-70; Ord. 40-73; Ord. 40-74; Ord. 3-79; Ord. 20-79; Ord. 2-86; Ord. 4-87; Ord. 12-95; Ord. 19-97; Ord. 4-05; Ord. 08-11, 2011; Ord. 5-13, 2013; Ord. 09-22, 2022)
A.
Purpose and Intent. This section provides a procedure and sets standards for disabled persons seeking a reasonable accommodation in the provision of housing and is intended to comply with federal and state fair housing laws. A reasonable accommodation is defined as relief from the strict application of the City's zoning and land use regulations, policies, and practices when such an accommodation is found to be reasonably necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. An accommodation is not reasonable if: (1) it will fundamentally alter the City's zoning scheme or program; (2) the benefits provided by the accommodation are outweighed by the costs and administrative burden created; or (3) it would create a direct threat to the health and safety of other individuals or physical damage to the property of others. Unless otherwise noted, terms used herein shall have the same meaning as those terms have under the State Fair Employment and Housing Act, Government Code Section 12926 et seq. and the federal Fair Housing Act, 42 United States Code Section 3601 et seq. The terms "handicapped" and "disabled" shall be construed as having the same meaning.
B.
Other than requests for reasonable accommodation that involve handicapped parking in City streets or would require a variance or conditional use permit subject to review by the Planning Commission, the Community Development Director or designee, which may be an outside hearing officer (hereafter jointly referred to as Director), shall approve, conditionally approve, or deny all applications for a reasonable accommodation. Requests for reasonable accommodation which otherwise constitute a variance or a conditional use permit shall be processed in accordance with this code's process for such entitlements; provided that all determinations on a request for reasonable accommodation shall be made in accordance with subsections E and F of this section.
C.
Application for a Reasonable Accommodation. Any person with a disability, their authorized written representative, or a developer or provider of housing for individuals with a disability may submit a request for a reasonable accommodation. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. An application for a reasonable accommodation shall be made on a form provided by the Planning Department and the applicable processing fee (administrative adjustment fee shall apply to determinations of the Director) paid. The application shall include, but not necessarily be limited to the following information:
1.
Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability.
2.
The specific exception or modification to the zoning code section, policy or practice that is being requested.
3.
An explanation that the accommodation requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling.
4.
Any other information that the Director reasonably concludes is necessary to determine whether the findings required by this chapter can be made.
D.
Decision of the Director. The Director shall issue a written determination to approve, conditionally approve, modify or deny a request for reasonable accommodation and if approved a permit for a reasonable accommodation shall be issued.
E.
Written Findings. The written decision to approve, conditionally approve, modify or deny the request for reasonable accommodation shall be based on the following findings, all of which are required for approval:
1.
The accommodation is requested by or on the behalf of one or more individuals with a disability.
2.
The accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
3.
The accommodation will not impose an undue financial or administrative burden on the City.
4.
The accommodation will not result in a fundamental alteration in the nature of the City's zoning scheme.
5.
The accommodation will not result in a direct threat to the health and safety of other individuals or physical damage to the property of others.
F.
The Director may consider, but is not limited to, the following factors in determining whether the requested accommodation is reasonably necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
1.
Whether the reasonable accommodation is being provided primarily to benefit individuals who are disabled.
2.
Whether the requested reasonable accommodation will lead to an equal opportunity for a disabled individual to use and enjoy a dwelling.
3.
Whether financial considerations make the requested accommodation reasonably necessary in light of the relevant market and market participants.
4.
Whether the requested accommodation would fundamentally alter the character of the neighborhood.
5.
Whether the accommodation would result in a substantial increase in traffic or insufficient parking.
6.
Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan.
7.
Whether the requested accommodation would create an institutionalized environment due to the number of tenants being proposed and/or the number or distance between facilities that are similar in nature or operation.
8.
Whether it would significantly deprive any neighboring property owners of the use and enjoyment of their own properties.
H.
Compliance with Existing Rules. In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations otherwise applicable to the property that is the subject of the request. If the noncompliance is through no fault of the applicant or unrelated to the request for reasonable accommodation, the Director may waive this requirement. However, such a waiver shall not preclude the City from requiring that the existing violations be corrected in accordance with this code.
I.
Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation becomes final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until all administrative appeals have been exhausted in accordance with Chapter 17.08 of this code.
J.
Time Extension, Voidance, and Revocation. Any reasonable accommodation approved in accordance with the terms of this section may be extended, voided or revoked for the same reasons and in the same manner as a conditional use permit or for any violations of this section or the terms or conditions of the reasonable accommodation or if any law is violated in connection with the use of the reasonable accommodation. Reasonable accommodations granted under this section shall not run with the land.
K.
Restrictive Covenant. When applicable, the City shall enter into a restrictive covenant with the owner of the property which provides that prior to any sale, transfer, lease or other conveyance of the property or at the time the need for the reasonable accommodation is no longer necessary, that the owner of the property shall bring the property into conformance with the City's zoning code to the extent that relief was provided under the zoning code as part of the request for reasonable accommodation. The restrictive covenant shall be recorded against the property being granted the reasonable accommodation. The restrictive covenant shall provide that the reasonable accommodation does not run with the land and shall terminate upon any sale, transfer, lease or other conveyance of the property. Upon submittal of a new application for a successor in interest to the property, the Director may consider a continuation of the reasonable accommodation if it is consistent with and does not extend the original approval.
M.
Amendments. A request to modify an approved reasonable accommodation shall be treated as a new application, unless in the opinion of the Director, the requested modification results in only a minor change, is within his or her authority to approve and is consistent with the original approval.
(Ord. 6-09, 2009)
A.
Purpose and Intent. The administrative adjustment permit process is established to allow for a simplified review process for specific land use actions which the City anticipates will not adversely affect surrounding properties.
B.
Initiation and Application. Applications may be initiated by the City Council, Planning Commission, or owners or authorized agents of real property affected by the proposed amendment or action. Applications shall include the following:
C.
Zoning Administrator Review. The Zoning Administrator shall have the authority to review administrative adjustment permit applications and may act to approve, conditionally approve, or deny such applications. No public hearing shall be required to consider the issuance of an administrative adjustment permit. Notice shall be in accordance with Table 17.08.040.
D.
Actions Considered to be Administrative Adjustments. The following types of land use actions shall be subject to review by the Zoning Administrator as administrative adjustments:
1.
Adjustment of Required Yards and Setbacks. The Zoning Administrator may approve a reduction in the required yard within any zone as follows:
2.
Adjustment of Wall Height Requirements. The Zoning Administrator may approve wall heights greater than permitted subject to the provisions of Section 17.12.070, up to a maximum of two additional feet.
3.
Adjustment of Other Development Standards. Other development standards in all zones may be adjusted a maximum of 10%. Any proposed deviation in excess of this limit shall be considered a variance and shall be subject to the provisions of Section 17.10.040.
4.
Cul-de-Sac and Knuckle Lot Frontage. The Zoning Administrator may reduce lot frontage requirements for lots fronting on cul-de-sac or knuckle streets.
5.
On-Site Sale of Agricultural Products. The Zoning Administrator may approve the sale of agricultural products on the site where they are being grown.
E.
Findings Required. The Zoning Administrator shall make the following findings in granting an administrative adjustment permit:
(Prior code 17.94.070, 17.94.080, 17.94.090, 17.94.120; Ord. 35-70; Ord. 40-74; Ord. 20-82; Ord. 12-95; Ord. 17-21, 2022)
A.
Purpose and Intent. The site plan review process is established to provide a means of reviewing development projects to ensure that projects reflect the highest quality of land planning and design, that projects conform to City development standards, that new projects are compatible with surrounding development and neighborhoods in terms of scale, style and construction materials, that on and off-site circulation is adequate to support the project; that City services are adequate and available, and to ensure the maintenance, restoration, enhancement and protection of the environment.
B.
Initiation and Application. Applications for site plan review shall be filed in accordance with submittal requirements as determined by the Community Development Director. Additional information may be requested from an applicant to allow for thorough site plan review of a project.
C.
When Site Plan Review Is Required. Site plan review shall apply to any new use of previously vacant land, new construction, or rehabilitation or expansion of existing structures in all zones. Exception: Site plan review shall not be required for construction of a new single-family residence, ADU or JADU unit that otherwise complies with Government Code Section 65852.2, or rehabilitation of an existing single-family residential structure in zoning districts permitting such use. Expansion of an existing single-family residence is also exempt from site plan review.
D.
Minor Site Plan Review.
1.
Criteria. Any proposal meeting the criteria below may be considered a minor site plan unless the Community Development Director determines that the special circumstances relating to the project warrant review as required for major site plan review. These criteria correspond to those projects identified by the California Environmental Quality Act (CEQA) as being categorically exempt.
a.
Additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet if the project is in an area where all public services and facilities are available to allow for maximum development permissible in the general plan, and the area is not environmentally sensitive.
b.
Construction of six or fewer residential units on a single parcel, when only one parcel is being developed. Units constructed in single-family (R-1) districts pursuant to SB 9 shall not require site plan review under this section.
c.
Construction of up to three small commercial or industrial structures, not involving the use of significant amounts of hazardous substances, and designed with a maximum occupancy load of 30 persons.
d.
Conversion of a residence to a nonresidential use within zones permitting such use.
f.
Creation of lots or building sites with no direct access to a public street except for those units with access easements created to accommodate the construction of units pursuant to SB 9.
g.
Establishment of mobile homes as a residence for a caretaker, custodian, or guard at recreational, equestrian, industrial, and institutional locations.
h.
Moving any existing structure or building onto a building site from another location or building site.
i.
Restriction of access to any required parking spaces on any property by means of fencing or gating.
j.
Construction of an attached or detached garage in any residential zone, where the garage door exceeds eight feet in height.
k.
Parking management plans for churches or religious assembly uses in industrial zones pursuant to Section 17.13.040.
l.
Adaptive reuse of an existing building, specified in Section 17.13.040(HHH), to provide single room occupancy housing pursuant to Section 17.18.140.
2.
Procedure. The Community Development Director, pursuant to Section 17.08.020.E, shall be responsible for minor site plan review. Once an application for minor site plan review has been deemed complete, the Community Development Director shall, in conjunction with a staff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Planning Commission. A continuance may be granted upon mutual consent of the applicant and the Community Development Director. Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050.
E.
Major Site Plan Review.
1.
Criteria. Any proposal exceeding the criteria for minor site plan review shall require major site plan review.
2.
Procedure. Community Development Director shall serve as the preliminary reviewing body for major site plan review. Once an application for major site plan review has been deemed complete, the Community Development Director and Design Review Committee, when the project meets the Historic Threshold, shall independently consider and make a recommendation to approve, approve with conditions, or deny the project. A continuance may be granted upon mutual consent of the applicant and Community Development Director. The recommendations shall be forwarded to the Planning Commission secretary for placement on the Commission's consent calendar, and shall be noticed as provided for in Section 17.08.040. Procedures for acting on consent calendar items shall be established by the Planning Commission and shall be adopted by resolution. The Commission, in considering a site plan review application, shall review the recommendations of the Community Development Director and Design Review Committee. The Commission shall act to approve, approve with conditions or deny the application. A continuance may be granted upon mutual consent of the applicant and Planning Commission. Planning Commission action shall be deemed final unless an appeal to the City Council is filed within 15 days of the decision in accordance with Section 17.08.050.
F.
Site Plan Review Criteria. In addition to project review for compliance with the development standards of the underlying zoning district and other applicable ordinance provisions, site plan review will include review of those development qualities which are not subject to precise definition in the regulations of each zone. The following criteria are listed to illustrate the issues to be considered by the Community Development Director and/or Planning Commission in project review and determination:
1.
Compatibility of the Project With Surrounding Development and Neighborhoods.
a.
The development shall be consistent in size and scale with surrounding development.
b.
The building design and materials shall be compatible with the character of the surrounding area.
c.
The building design shall consider and respect the privacy of adjacent residents.
d.
Building and site design shall be consistent with any applicable design guidelines.
e.
Projects within redevelopment project areas shall be consistent with project area goals.
f.
Development shall have adequate buffering to screen exterior trash, loading and storage areas from view of adjacent streets and structures, and to minimize impacts of noise and lighting.
g.
Projects in historic districts shall comply with applicable design standards.
2.
Building/Site Planning Issues.
a.
Building setting and grading shall consider the existing topography, and grading shall blend contours with those of adjacent properties, consistent with City landform grading guidelines.
b.
Building bulk and massing shall consider the size, shape and location of the site.
c.
Mechanical equipment shall be screened from view of adjacent streets and structures, in a manner which is architecturally compatible with the building design and materials.
d.
All signage shall be integrated with building design.
3.
Circulation/Traffic Safety, On and Off Site.
a.
Site access points shall be located so as to promote safe site access and egress, and cause minimal disruption to public street traffic flow. The following guidelines should be used in locating access drives:
i.
Minimize the number of driveways/access points serving a single site.
ii.
Provide for reciprocal access between adjacent parcels where possible.
iii.
Provide adequate sight distance for drivers at all entrances, exits, drive aisles and roadways, per City Standard Plan 126.
iv.
Locate site access points a safe distance from street intersections, and from other street/driveway intersections. Factors to consider include:
(a)
Specific characteristics of the abutting public streets, including street width, capacity, traffic volume, curvature, gradient, design speed, and intersection characteristics;
(b)
Specific characteristics of the proposed site and development plan, including site size, shape, topography, and traffic generation potential;
(c)
Characteristics of the surrounding land uses, including existing and potential traffic generation rates, peak hour usage, and potential for reciprocal access.
b.
Interior site drive aisles shall align in a manner which promotes ease of circulation, and minimizes traffic and pedestrian/vehicular conflicts.
4.
City Services.
5.
Environmental Protection. All projects shall be evaluated in accordance with the provisions of the California Environmental Quality Act.
a.
Projects shall minimize the disruption of existing natural features such as vegetation, topography and ground features.
b.
All streambed modification proposals shall identify compliance with California Department of Fish and Game requirements.
c.
Projects shall make every attempt to preserve historic properties and landmarks.
G.
Conditions of Approval. The Community Development Director may recommend or require reasonable conditions of approval which may include, but not be limited to those items listed below. The Design Review Committee may recommend conditions of approval for major site plan review in accordance with Section 17.10.070(E).
1.
A revised site plan;
2.
Modifications of building height, bulk, mass or scale;
3.
Increased setbacks;
4.
Division or sound walls;
5.
Mitigation of potential project related environmental impacts;
6.
Increased open space;
7.
Screening of parking areas, trash receptacles, mechanical equipment, storage areas;
8.
Increased landscaping;
9.
Relocation of buildings;
10.
Revised interior circulation or parking area design;
11.
Off-site improvements:
12.
Revised grading plan; or
13.
Any other changes or additions the Committee feels are necessary to further the goals of the site plan review process.
H.
Findings Required. Findings shall be made as follows in conjunction with any project approval.
1.
That the project design is compatible with surrounding development and neighborhoods;
2.
That the project conforms to City development standards and any applicable special design guidelines or specific plan requirements;
3.
That the project provides for safe and adequate vehicular and pedestrian circulation, both on and off site;
4.
That City services are available and adequate to serve the project;
5.
That the project has been designed to fully mitigate or substantially minimize adverse environmental effects.
(Ord. 12-95; Ord. 19-97; Ord. 12-98; Ord. 10-99; Ord. 6-00; Ord. 3-03; Ord. 8-14, 2015; Ord. 02-17, 2017; Ord. 13-18, 2018; Ord. 03-21, 2021; Ord. 15-23, 11/14/2023; Ord. 11-25, 6/24/2025; Ord. 18-25, 11/12/2025)
A.
Purpose and Intent. The design review process is established to provide a means of reviewing development projects to ensure that these projects are compatible with community aesthetics including architectural design, massing and scale, context, color palette, signage and landscaping. The design review process serves a primary role in the implementation of adopted design standards. The City's design objective is to enhance the community character and identity of the City by promoting diversity, creativity and cohesiveness in the development of property, building structures, site relationships and landscape through quality design.
B.
When Design Review Is Required. Design review is required for all projects listed below:
1.
Development projects requiring Planning Commission or City Council approval;
2.
Any project requiring major site plan review;
4.
All projects within Old Towne or other historic districts as established, except where otherwise exempted by adopted design standards and/or adopted specific plan(s);
5.
External remodeling of commercial, industrial, institutional and large scale multiple family developments, except where otherwise exempted by City codes, including adopted design standards and/or adopted specific plan(s) including:
a.
Facade renovation of the majority of a multi-family residential complex, multi-tenant commercial or industrial center, or institutional property.
b.
Introduction of new structural architectural elements to the facade of individual in-line or freestanding pad tenants within a multi-tenant commercial or industrial center where such elements project more than 12 inches from any exterior wall plane.
6.
Projects subject to minor site plan review that also involve exterior remodeling of residential, commercial, industrial, and institutional development.
C.
Initiation and Application. Design review applications shall be filed in accordance with application and submittal requirements. Application materials may include site, building and landscape plans, photographs, colored elevations and/or renderings and color and material boards. This information must be of sufficient detail to allow the reviewing body to determine the compatibility of the change to the existing structure, area, or district and that the project meets established design standards and criteria. In addition, to comply with provisions of the California Environmental Quality Act, most projects in historic districts will require an application for environmental review in accordance with Section 17.08.030. Submittal materials shall also include information pertaining to scale, massing, streetscape, landscaping and open space.
D.
Design Review Procedure and Criteria. When a matter or application meets the Historic Threshold, the Design Review Committee shall make a recommendation or final determination as authorized by Section 17.08.020.D to approve, approve with conditions or deny a project at a public meeting. In making such recommendation or determination, the Committee shall consider adopted design standards and guidelines (where applicable), the Secretary of the Interior's Standards and Guidelines for Rehabilitation (where applicable) and the following general criteria in making a project determination:
The project shall have an internally consistent, integrated design theme which is reflected in the following elements:
2.
Landscape.
a.
The type, size and location of landscape materials shall support the project's overall design concept.
b.
Landscaping shall not obstruct visibility of required addressing, nor shall it obstruct the vision of motorists or pedestrians in proximity to the site.
c.
Landscape areas shall be provided in and around parking lots to break up the appearance of large expanses of hardscape.
3.
Signage. All signage shall be compatible with the building(s) design, scale, colors, materials and lighting.
4.
Secondary Functional and Accessory Features. Trash receptacles, storage and loading areas, transformers and mechanical equipment shall be screened in a manner which is architecturally compatible with the principal building(s).
E.
Administrative Design Review.
1.
Purpose and Intent. The administrative design review process is established to allow for a simplified review process for specific types of new development, exterior building alterations, and sign modifications which the City anticipates will not adversely affect surrounding properties.
2.
Actions Eligible for Administrative Design Review. The following types of projects are eligible for administrative design review:
a.
Projects subject to minor site plan review that also involve exterior remodeling of residential, commercial, industrial, and institutional development that is not visible from the public right-of-way.
b.
Projects that involve exterior remodeling of an individual free-standing commercial, industrial, or institutional building on an individual parcel that is not part of a larger center or campus, including changes in exterior building material, roof form, and window or door openings.
c.
Infill residential development as specified in the City of Orange Infill Residential Design Guidelines.
3.
Initiation and Application. Applications for administrative design review shall be filed in accordance with submittal requirements as determined by the Community Development Director. Additional information may be requested from an applicant to allow for thorough design review of a project.
4.
Procedure and Criteria. The Community Development Director, pursuant to Section 17.08.020, shall be responsible for administrative design review. Once an application for administrative design review has been deemed complete, the Community Development Director shall consider and approve, deny or refer the project to the Design Review Committee. In making such determination, the Community Development Director shall consider adopted design standards and guidelines where applicable, the general criteria set forth in Section 17.10.070(D), and the findings required in Sections 17.10.070(G)(3) and (4). Appeals of decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050. Notification of administrative design review shall be in accordance with Section 17.08.040 and community development noticing procedures.
F.
Conditions of Approval. The reviewing body may require reasonable conditions of approval to mitigate potential aesthetic impacts of a project. These conditions may include, but are not limited to, the following:
1.
Modifications to building height, bulk, scale, mass and placement;
2.
Changes in building materials and color palette;
3.
Screening of parking areas, trash receptacles, storage areas, mechanical equipment;
4.
Changes to the location and use of plants in required landscape areas to mitigate community concerns.
G.
Findings Required. The reviewing body shall make findings for all projects based upon design criteria stated above. A specific finding shall be made for projects as follows:
1.
When a matter or application meets the Historic Threshold, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the Design Review Committee or other reviewing body for the project.
2.
In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines.
3.
The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings.
4.
For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character.
(Prior code 17.96.020, 17.96.100, 17.96.110, 17.96.130; Ord. 4-74; Ord. 20-82; Ord. 4-87; Ord. 16-94; Ord. 12-95; Ord. 15-98; Ord. 10-99; Ord. 8-04; Ord. 09-13, 2013; Ord. 17-21, 2022; Ord. 15-23, 11/14/2023; Ord. 18-25, 11/12/2025)
Environmental assessments shall occur in accordance with CEQA provisions and the City of Orange Local CEQA Guidelines.
(Ord. 12-95; Ord. 15-20, 2020)
A.
Purpose and Intent. The mitigation monitoring and reporting program is a process used to verify that mitigation measures, adopted in conjunction with project approval to reduce or avoid significant environmental effects, are carried out during project development or implementation. The program has been adopted to comply with the requirements of the CEQA.
B.
When Mitigation Monitoring and Reporting Is Required. Mitigation monitoring and reporting is required when the City has made the findings required relative to an environmental impact report or adopted a mitigation negative declaration in conjunction with approving a project.
C.
Mitigation monitoring and reporting shall occur in accordance with CEQA provisions and the City of Orange Local CEQA Guidelines.
D.
Compliance Required. The project proponent of any real property within the City shall fully comply with all mitigation measures at the respective times specified for such mitigation measures in the environmental documentation for the project and with the provisions of the City of Orange Local CEQA Guidelines as adopted and amended from time to time by resolution of the City Council. Failure to do so shall result in one or both of the following:
1.
Suspension of any and all rights to proceed with any previously granted development approval or permit; and
2.
Issuance of a stop work order requiring all work to cease except that necessary to implement mitigation measures. Failure to comply with a stop work order shall be a misdemeanor and will be enforced as such an offense. In the event that compliance is not achieved by the time set forth in the approved environmental documentation, no further permits for the project involved will be issued until the matter is resolved. Furthermore, if a field inspection reveals a violation of or a failure to implement mitigation measures, and immediate action is warranted, the Community Development Director, or designee, shall have the authority to require all work to cease until resolution.
(Ord. 22-91; Ord. 19-97; Ord. 15-20, 2000)
A.
Purpose and Intent. The demolition review process has been established to preserve the integrity of the City's cultural and architectural history. For this reason, a specific demolition review process has been established for historic districts and structures. The provisions of this section shall apply to the demolition of:
1.
Any structure within an established historic district that is over 120 square feet in area.
2.
Any structure listed on the National Register at any location within the City.
Exception: This process is not intended to apply to: | |
1. | Demolitions ordered by the Chief Building Official or Fire Chief of the City of Orange to remedy conditions determined to be dangerous to life, health, or property. |
2. | Demolition of a noncontributing structure which has a floor area less than 120 square feet. Demolition of structures in the Plaza Historic District shall require approval of the State Historic Preservation Office. |
B.
Initiation and Application. Demolition review includes evaluation of a replacement use or structure, and application shall be made in the same manner as for design review, in accordance with Section 17.10.070(C). Most demolition reviews will also require a concurrent application for environmental review, in accordance with the California Environmental Quality Act and the City's Environmental Review Guidelines.
C.
Issuance of a Demolition Permit. A permit to demolish a building or structure within the boundaries of Old Towne shall only be issued concurrently with the issuance of a building permit for the approved replacement building, structure, or other permit approving the future use. This section shall be effective when:
D.
Appeals.
1.
Demolition reviews may be appealed in accordance with Section 17.08.050 of this code.
a.
An appeal of a decision to either approve or deny the design of a replacement building, structure or use shall be based upon the criteria contained in Section 17.10.070(D) of this code and/or the design standards for the Old Towne Historic District as adopted by reference in Section 17.17.060 of this code.
b.
An appeal of a decision to approve the demolition of a building or structure that the appellant believes is worthy of preservation because it makes a significant contribution to the historical or cultural heritage of the City shall be substantiated by a contributing or higher status on the Historic Survey, or other evidence from an expert in the area of historical structures. Such appeal shall also require that the appellant present a plan and schedule for preservation through relocation of the building or structure, with evidence of financial ability to complete the proposed project.
c.
An appeal of a decision to deny the demolition of a historically or culturally significant building or structure may be based upon economic hardship. The appellant shall provide evidence to substantiate the fact that preservation is not economically feasible.
2.
If no appeal is filed within the established 15 day appeal period, the demolition permit shall be issued subject to all the provisions of this chapter.
E.
Penalties for Noncompliance. Any structure demolished without benefit of a City demolition permit may be subject to either or both of the following penalties:
(Ord. 12-95; Ord. 15-98)
A.
Objective design standards are defined in state law to mean design standards which involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark.
B.
The objective design standards adopted shall apply to all projects where, upon applicant request and demonstration of eligibility, state law limits the city's design standards to "objective design standards" and/or where state law or the Orange Municipal Code provides for ministerial approval process.
C.
Notwithstanding any other provision of the Zoning Ordinance, ministerial design review for qualifying housing projects shall be performed administratively, without a public hearing, and shall be based on objective design standards, unless an applicant voluntarily seeks to deviate from, or not comply with, adopted objective design standards, or requests additional review process, in which case the City's Zoning Ordinance, subjective design review criteria, and discretionary review process would apply.
D.
As part of the ministerial design review process, staff may impose conditions of approval as deemed necessary to ensure that the proposal conforms to the general plan and other applicable objective standards in plans or policies adopted by the City Council and to ensure that the development meets the requirements of the zoning district where the project is located, as well as any other applicable provisions of Zoning Ordinance; and, to ensure the proposal complies with the objective design standards as adopted by reference in the Zoning Ordinance.
(Ord. 31-24, 12/10/2024)