This chapter establishes procedures for certain actions that can be approved by the director.
(Ord. 1598)
A.
Application. Prior to obtaining any business license, permit or other approval, the applicant shall request the director to determine whether the proposed development, use, structure, or change in use complies with all provisions of the zoning code, any applicable land use entitlement, and all conditions thereto.
B.
Application Forms and Fees. The applicant shall submit the application and pay processing fees in accordance with the provisions set forth in Section 11.5.10.010: Application Forms and Fees. The director may request the applicant submit plans and related materials necessary to show that the proposed development, use, structure or change complies with the zoning code, findings required by Section 11.5.20.020: Required Findings, and the requirements and conditions of any applicable land use entitlement. Required development plans shall be drawn to scale and shall indicate clearly and with dimensioning the following information:
1.
Lot dimensions;
2.
Location, size, height, proposed use for each structure;
3.
Yards and space between structures;
4.
Location, height and materials of walls and fences;
5.
Location, number of spaces and/or dimension of off-street parking area, internal circulation pattern;
6.
Pedestrian and vehicular access, points of ingress and egress;
7.
Location and general nature of lighting;
8.
Street dedications and improvements;
9.
Availability of utilities; and
10.
Such other data as may be required by the director.
C.
Applicability. The director shall determine whether the zoning code allows the proposed development, use or structure by right. No zoning conformance approval shall be required for continuations of previously approved or permitted uses and structures, uses and structures which are not subject to any building or zoning code regulations, or other uses or structures subject to other land use entitlement review.
D.
Required Findings by Director. Prior to such determination, the director shall find:
1.
The proposed use and structure conform with the provisions of this title;
2.
The proposed use and structure are compatible with uses and structures in the immediate neighborhood;
3.
The plans provide protection to adjacent structures from noise, vibration and other undesirable environmental factors;
4.
Proposed lighting is directed inward and downward to reflect light away from adjoining properties;
5.
The following are designed to avoid traffic congestion, protect pedestrian and vehicular safety and welfare and eliminate any adverse effect on surrounding property:
E.
Issuance of Zoning Conformance. The director shall serve the applicant with a written determination within 30 days of a complete submittal. The director shall issue a zoning conformance upon determining that the proposed business license, permit or approval is allowed as a matter of right by the zoning code, and conforms to all the applicable development and use standards therein. An approved zoning conformance may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this zoning code. Other forms of approval may be in the form of a stamp, city staff signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the director.
(Ord. 1598)
A.
Minor Use Permit Required in Certain Circumstances. Prior to the commencement of any temporary use, the director may require a minor use permit application if the director finds that the temporary use may have detrimental impacts, such as noise or traffic impacts, that should be reviewed pursuant to the provisions of Chapter 11.5.20: Development Permits.
B.
No Minor Use Permit Required. Minor use permits shall not be required for the following types of temporary uses:
1.
Retail uses on the same property as an established commercial use holding a valid city business license where such retail activity is not in conflict with any applicable zoning requirements or permit.
2.
Real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of property.
3.
Garage sales of personal property conducted by a resident of the premises where such sales operate for a period of less than 2 per calendar year per site, and a maximum of 2 days each.
4.
Seasonal sales of pumpkins and Christmas trees for a period not longer than 45 days in a commercial district on a site where such sales have been permitted previously. Requirements for this type of special event are set forth in Title 7: Public Peace, Morals, and Welfare, Chapter 7.50: Special Events.
5.
Temporary uses otherwise regulated by this code.
C.
Director Decision. The director may approve or conditionally approve an application for temporary uses if the proposed temporary use will not:
1.
Adversely affect adjacent properties, their owners and occupants, or the surrounding neighborhood.
2.
Constitute a nuisance.
3.
Be detrimental to the health, safety, peace, comfort, or welfare of persons residing or working in the area or to the general welfare of the city.
4.
Interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, or create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.
D.
Application. An application for a temporary use shall be submitted at least 45 days before the use is intended to begin. The application shall be on a form issued by the director and shall include the written consent of the owner of the property on which the use is proposed.
E.
Conditions of Approval. The director may impose any reasonable conditions, including but not limited to: regulating vehicular ingress and egress and traffic circulation; regulating lighting; regulating hours and/or other characteristics of operation; requiring submission of final plans to ensure compliance with conditions of approval; and other necessary conditions.
F.
Minimum Conditions. In approving a temporary use, the director shall at a minimum impose the following conditions if applicable:
1.
Any construction or other work shall conform to all applicable zoning code and California Building Code provisions.
2.
Fire protection and access for fire vehicles shall be provided as specified by the Orange County Fire Authority.
3.
Any food service activities shall comply with all applicable requirements of the Orange County Health Department.
4.
The applicant shall restore the site to its condition prior to the temporary use and remove all trash, debris, signs, sign supports, and temporary structures and electrical service to the satisfaction of the director and building official within 3 days following the date specified for termination of the temporary use.
(Ord. 1598)
A.
Minor Modifications May Be Granted. Minor modifications from the strict application of the dimensional requirements of the zoning code and minor changes in the use or structure for which a permit has been issued, may be approved as provided by this section. Only the following types of modifications shall be approved:
1.
Dimensional Requirements. Modifications of up to 5% of the dimensional requirements of the zoning code, including but not limited to:
2.
Modifications to Approved Plans. Modifications to approved plans to increase by not more than 5%, either the floor/lot coverage, or the number of customer seats, may be granted if:
a.
The modified plans substantially conform to the findings made and conditions imposed in connection with any previous city approval; and
b.
There will be no substantial increase in the number of employees, beds, rooms or entrances; and
c.
There will be no substantial change associated with establishing a new product line, service, function or activity so as to change or intensify the use as defined in Chapter 11.4.85: Use Classifications or as defined in the city's adopted California Building Code; and
d.
The plans otherwise comply with all other applicable development standards of the zoning code.
3.
Maximum Building Height. Minor modifications shall not be granted to exceed a maximum building height.
B.
Application. An application for a minor modification shall be filed with the director in accordance with the application procedures set forth in Chapter 11.5.10: General Procedures. The application shall state in writing the nature of the minor modification requested and explain why the findings necessary to grant the minor modification are satisfied. The applicant shall also submit plans delineating the requested minor modification. The application shall be accompanied by a fee as established by the master fee schedule.
C.
Simultaneous Processing. If a request for a minor modification is being submitted in conjunction with an application for another approval, permit, or entitlement under this zoning code, it shall be heard and acted upon at the same time and in the same manner as that other application.
D.
Commission Determinations. The planning commission may approve minor modifications by minor use permit, pursuant to the provisions of Chapter 11.5.20: Development Permits.
E.
Referral of Applications to Planning Commission. The director may refer any request for a minor modification to the planning commission for a determination of whether to grant the application.
F.
Findings. No minor modification shall be approved unless all of the following findings can be made based on substantial evidence in the record:
1.
The minor modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.
2.
There are no reasonable alternatives to the requested minor modification, including siting at another location, that would provide similar benefits to the applicant with less potential detriment to surrounding owners and occupants or to the general public.
3.
The granting of the requested minor modification would not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this zoning code.
4.
The granting of the minor modification will substantially meet or advance the intent and purpose of the zoning district in which the subject property is located.
5.
The granting of the minor modification will not intensify any potentially detrimental effects of the project.
G.
Conditions of Approval. In approving a minor modification from the requirements of this zoning code, the director or the planning commission may impose conditions pursuant to Section 11.5.20.025: Conditions of Approval.
H.
Notification of Director Decisions. The director shall provide written notification to the city council and planning commission within 3 days of approving, conditionally approving, or disapproving a request for a minor modification.
(Ord. 1598)
(Ord. 1598)