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.
H. 
If the Planning Commission action on an interpretation is appealed, the City Council shall hear and decide the matter with notice given in the same manner as the initial notice under subsection F of this section.
(Ord. 1754, 6/24/2025)
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:
(i) 
For certain specific uses, those criteria set forth in Chapters 19.348, 19.448, 19.552, and 19.652,
(ii) 
For uses in the PD Overlay Zone, those additional criteria set forth in Sections 19.412, 19.512.020, and 19.612;
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. 1754, 6/24/2025)
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:
a. 
Certification that all tenants have been notified of the prospective application between 15 and 90 days prior to filing thereof;
b. 
Copy of such notice to tenants;
c. 
Certified list of mailing addresses of all units in the existing development proposed to be converted.
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:
1. 
Ensure compatibility with surrounding development and uses;
2. 
Protect the long-term economic and organizational soundness of the condominium project and its association of owners;
3. 
Preserve the public health, safety, and welfare.
(Ord. 1754, 6/24/2025)
A. 
Authority.
1. 
Any development of a type listed below shall not be commenced, nor any City permit issued 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 exceeding 500 square feet in floor area, excluding single-family residences;
b. 
Exterior alterations to an existing building; other than those alterations allowed under an interdepartmental review pursuant to Section 19.128.100;
c. 
Provisions for any new or additional parking facilities;
d. 
The erection of any fence greater than 7 feet in height;
e. 
Installation of any exterior exposed neon or unshaded bulb architectural building lighting within the CO, CS, CG zones and any specific plan area.
2. 
The following shall not require site plan review:
a. 
The construction or placement of solar equipment;
b. 
Any development in the AR zone;
c. 
Accessory dwelling units.
3. 
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.
4. 
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.
5. 
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. 
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;
4. 
The exterior architectural design is in reasonable harmony with the architectural character of the area;
5. 
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 Planning Commission meeting. The Commission 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. 1754, 6/24/2025)
A. 
Authority. 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.
(Ord. 1754, 6/24/2025)
A. 
Authority. Except for underground utilities waivers permitted for single family homes in accordance with Section 19.128.100, the Zoning Administrator 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. 1754, 6/24/2025)
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: no more than 20 percent linear feet,
(ii) 
Side yard encroachment: no more than 20 percent linear feet,
(iii) 
Rear yard encroachment: no more than 20 percent linear feet,
(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:
1. 
Yard shall be located along a Commuter Arterial or Local Street, as defined within the Circulation Element of the General Plan.
2. 
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.
3. 
Fence shall not be view-obscuring.
4. 
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. 1754, 6/24/2025)
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.
(Ord. 1754, 6/24/2025)
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. 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:
(i) 
The accessory structure does not result in the loss of required on-site parking spaces; and
(ii) 
The accessory structure is located to the rear of the primary structure and not visible from a public street.
b. 
Minor exterior alterations to an existing building, provided that any new/added building square footage is less than 500 square feet.
(i) 
Minor exterior alterations include new store-fronts window systems, new or removed windows or awnings or changes to more than 25% of the exterior materials;
(ii) 
Minor modifications to building entrances and exits; or changes to less than 25% of the exterior materials are not subject to Interdepartmental Review and shall be processed ministerially.
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:
(i) 
Within 500 feet, the majority of the surrounding developed lots do not have underground facilities; and
(ii) 
It is not feasible or possible to obtain easement areas to accommodate said underground facilities.
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:
(i) 
The required number of on-site parking spaces is not reduced.
(ii) 
The improvements conform to the provisions set forth in Chapter 19.436 (Development Standards—Vehicular Provisions) and the City of Buena Park's Architectural Design Guidelines.
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.
k. 
Façade-mounted and roof-mounted wireless telecommunications facilities as regulated by Chapter 19.1220 of the Buena Park Zoning Ordinance.
l. 
Approval for HIOZ residential/mixed-use development, Housing Opportunity Overlay and Religious/Congregational/Fraternal Overlay (refer to Ordinance 1733).
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. 
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;
4. 
The exterior architectural design is in reasonable harmony with the architectural character of the area;
5. 
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 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.
L. 
Extension.
1. 
An application to extend the time period before a interdepartmental review 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 Planning Commission, 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. 1754, 6/24/2025)
A. 
For projects located within MUO-45, MUO-60, MUO-100, HOO, and RCFO of the Housing Incentive Overlays (HIO), please refer to Section 1.6.1 of Ordinance No. 1733.
B. 
For projects located within the HMCO of the Housing Incentive Overlays (HIO), please refer to Section 5.4 of Ordinance No. 1733.
(Ord. 1754, 6/24/2025)