The purpose of this chapter is to set forth the common process for obtaining zoning entitlements in the City, and processing other discretionary actions as set forth in the Zoning Code. For the purposes of this chapter, a variance and other discretionary approvals are considered a permit. (Ord. 5920 § 1 (part); June 8, 2004.)

   Certain types of permits require pre-file applications. Pre-file applications are designed to identify issues of concern related to a project application, to review preliminary plans for compliance with City ordinances and standards, and to determine an application's adequacy for submittal. The pre-file application also informs the applicant of the specific decision-making process for the application. The pre-file application review does not result in any official recommendation or final decision with respect to the application. (Ord. 5920 § 1 (part); June 8, 2004.)

   All permit applications, exemptions, modifications, extensions, renewals and appeals shall be filed with the Planning Department.

   .010   Contents. An application shall be filed on forms prescribed by the Planning Director and contain all required information.

   .020   Applicant. Eligible applicants for a specific type of permit are identified in the chapter describing that specific type of permit.

   .030   Fees. Applications not initiated by the City shall be accompanied by a filing fee in an amount and manner consistent with Chapter 18.80 (Fees). (Ord. 5920 § 1 (part); June 8, 2004.)

   Development permit applications submitted to the Planning Department will be reviewed to determine completeness. This processing generally includes review by a variety of individuals and agencies to determine whether additional information is necessary to process the application through the final decision.

   .010   Determination. The Planning Department shall make a written determination of completeness within thirty (30) days. If the application is deemed complete, City staff shall continue to process the request. If the application is incomplete, the applicant shall be informed in writing that additional information, as specified in the letter, must be provided.

   .020   Environmental Review. At the time of submittal, the Planning Department may require additional information to determine the environmental impact of the project, or to assess feasible alternatives or mitigation measures for such impacts as required by the California Environmental Quality Act. (Ord. 5920 § 1 (part); June 8, 2004.)

   An application may be modified by the applicant prior to public hearing. Any prior finding of application completeness may be voided by submittal of a modification. Depending on the type and substance of the modification, the modified application may be distributed again to determine completeness, and payment of a supplemental application fee may be required. (Ord. 5920 § 1 (part); June 8, 2004.)

   An application may be withdrawn by the party who filed the application, without prejudice, prior to or at the public hearing, unless an appeal has been filed pursuant to Chapter 18.60 (Procedures). If the withdrawal is submitted after staff has completed work on the project, the Department shall determine if any fees can be refunded. Any resubmittal of the application shall be accompanied by the required application fee. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 24; September 22, 2009.)

   This section applies when the provisions of this title designate the Planning Director as the approval authority for a land use decision.

   .010   Referral to the Planning Commission. The Planning Director may refer any application to the Planning Commission, when it is determined that the general public interest warrants such referral. In such instances, the proceedings by the Planning Commission shall be held in the manner required by this chapter.

   .020   Concurrent Decision-Making. When any application is made in conjunction with, and as a part of, a project that requires Planning Commission action, the application shall be made to the Planning Commission, to be processed in accordance with this chapter, with the exception of Determinations of Public Convenience or Necessity within the Arena and Transit Districts of the Platinum Triangle Mixed Use Overlay Zone. (Ord. 5920 1 (part); June 8, 2004: Ord. 6156 § 25; September 22, 2009: Ord. 6538 § 4; October 4, 2022.)

   When an application for a minor conditional use permit is deemed complete, a public notice shall be provided to the owners and occupants of neighboring properties located within a distance that is consistent with the radius specified in the Section 18.60.100 of this chapter. Such notice shall include general explanation of the matter being considered and a general description of the location of the subject property, and shall be sent not less than ten days prior to any action taken on such application by the Planning Director. (Ord. 6432 § 33; April 10, 2018.)

   A public hearing for each discretionary permit application, including but not limited to conditional use permits and variances, shall be scheduled, after determining that the application is complete and any required environmental documents have been prepared. Minor conditional use permits shall not require a public hearing, unless referred to the Planning Commission by the Planning Director, pursuant to Section 18.60.080. (Ord. 5920 1 (part); June 8, 2004: Ord. 6432 § 34; April 10, 2018.)

   Notice of the public hearing shall be provided, as required by the California Government Code and, in addition, notice will be required pursuant to the Subsections below. The description of the property shall include a reference to the nearest public street intersection, and the direction of the project site relative to that intersection. A fee may be charged for providing notice to anyone who is not specifically required to be notified but who has filed a written request for notice with the City.

   .010   Publication in Newspaper. Notice of public hearing for projects that apply citywide, such as an amendment to the General Plan or the Zoning Code, shall be published in the newspaper of general circulation designated for the publishing of legal notices by the City Council pursuant to City Charter Section 517 and shall clearly state that the project applies citywide, nature of the request, date, time and place of the scheduled hearing and the hearing body.

   .020   Statutory Exemptions, Categorical Exemptions, Negative Declarations and Mitigated Negative Declarations, Previously-Certified Environmental Impact Reports, Sustainable Communities Environmental Assessments, and Addendum to said documents. Notice of public hearing for non-citywide projects recommended for consideration of a Statutory or Categorical Exemption, Negative Declaration or Mitigated Negative Declaration, Previously-Certified Environmental Impact Reports, Sustainable Communities Environmental Assessment, and Addendum to said documents, in accordance with the California Environmental Quality Act (CEQA) Statute and Guidelines shall be mailed to owners and tenants of property within a radius of five-hundred (500) feet of the exterior boundaries of the property involved in the application request. The notice shall clearly state the nature of the request, location of the property, date, time and place of the scheduled hearing and the hearing body.

      .0201   The Director of Planning and Building may direct that notice be mailed beyond the minimum 500-foot radius if necessary to ensure equitable noticing to neighboring properties.

   .030   Environmental Impact Reports. Notice of public hearing for non-citywide projects requiring an Environmental Impact Report in accordance with the CEQA Guidelines shall be mailed to owners and tenants of property within a radius of one-thousand (1,000) feet of the exterior boundaries of the property involved in the application request and shall be issued in accordance with CEQA and the CEQA Guidelines.

      .0301   The Director of Planning and Building may direct that notice be mailed beyond the minimum 1,000-foot radius if necessary to ensure equitable noticing to neighboring properties. (Ord. 5920 1 (part); June 8, 2004: Ord. 6441 §1; August 14, 2018: Ord. 6506 § 51; February 9, 2021.)

   .010   Time Requirements. The approving authority shall take action on a development permit application in accordance with the time requirements in Section 65950 of the California Government Code, or the section that may be subsequently adopted to replace Section 65950, unless extended by mutual written agreement of the applicant and the approving authority.

   .020   Conditions of Approval. The approving authority may establish conditions of approval which are deemed reasonable and necessary to carry out the purpose of the specific permit. Such requirements may exceed minimum zoning code development standards. Conditions may be imposed to:

   Not later than ten (10) days after approval, conditional approval, or denial of a permit application or an appeal, the Planning Department shall prepare and mail to the applicant and property owner a formal written notice of the action. The notice shall contain a statement of conditions applied to the permit, if applicable. The decision shall not become final until the specified appeal period has elapsed without an appeal having been filed. For permits that require an action by the Planning Commission, Planning Department staff will prepare a summary of the Planning Commission’s actions and make the summary available at the Planning Department, and on the City’s website, within 24 hours of the conclusion of the meeting. (Ord. 5920 1 (part); June 8, 2004: Ord. 6156 § 26; September 22, 2009: Ord. 6432 § 35; April 10, 2018.)

   Appeals provide an opportunity for reconsideration of land use decisions of the Planning Commission in a public hearing.

   .010   Initiation of Appeal. Appeals may be filed by anyone dissatisfied with a discretionary land use decision of the Planning Commission that is not in the form of a recommendation to the City Council and that would otherwise be subject to review and approval by the City Council as required by this Code. An appeal may also be initiated if the granting authority requests review of its decision, or if two (2) or more members of the City Council request review of a land use decision of the Planning Commission.

   .020   Application. An application for appeal shall be made in writing and shall be filed with the City Clerk during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal. All appeals under this section shall be filed with the City Clerk.

   .030   Timeframes.

      .0301   Request for Review. A request for review may be initiated by a request made (i) by the Planning Commission upon a motion duly adopted, or (ii) by two (2) or more members of the City Council made orally or in writing to the City Clerk within ten (10) days subsequent to the decision of the granting authority.

      .0302   Appeals. An appeal must be filed within ten (10) days subsequent to the decision of the Planning Commission. (Ord. 5947 § 1; October 26, 2004: Ord. 5998 § 48; October 25, 2005.)

   .040   Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) provided, however, no fees shall be payable in conjunction with a timely made request for review by the granting authority or a timely made request for review by two or more members of the City Council. (Ord. 5947 § 2; October 26, 2004.)

   .050   Notification and Hearing. An appeal shall be subject to the same notification and hearing requirements as the action being appealed, except that the date of the public hearing before the City Council shall not exceed sixty (60) days following receipt of the written appeal or a timely made request for review in accordance with the procedures set forth in subsection .030, above. (Ord. 5944 § 27; September 28, 2004.)

   .060   Revisions after Appeal. If revised plans are submitted following appeal of a decision, the Planning Director may require these plans to be submitted to the Planning Commission for review and recommendation prior to City Council consideration.

   .070   Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the appeal, provided the withdrawal is submitted in writing to the City Clerk prior to or at the public hearing. However, if more than one (1) party has filed an appeal, all of said parties must withdraw their appeals; otherwise the City Council shall act upon the appeal. If a valid withdrawal is submitted, the decision of the original approval authority shall stand as the final decision at the end of the original appeal period. A timely request for review made by the granting authority or by two or more members of the City Council shall not be withdrawn after expiration of the time within which such request for review could be made. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5947 § 3; October 26, 2004: Ord. 6031 § 49; August 22, 2006: Ord. 6156 § 27; September 22, 2009.)

   Appeals provide an opportunity for reconsideration of land use decisions of the Planning Director in a public hearing.

   .010   Initiation of Appeal. An appeal may be filed by anyone dissatisfied with a discretionary land use decision of the Planning Director. An appeal may also be initiated if the Planning Director requests review of his or her decision.

   .020   Application. An application for appeal shall be made in writing and shall be filed with the Planning Department during normal business hours. The application must clearly identify the appellant(s) and shall specify the decision appealed from and the reasons for appeal. All appeals under this section shall be filed with the Planning Department.

   .030   Timeframes.

      .0301   Request for Review. Any request for review initiated by the Planning Director shall be made orally or in writing.

      .0302   Appeals. An appeal must be filed within ten (10) days subsequent to the decision of the Planning Director.

   .040   Fees. Fees shall be paid as specified in Chapter 18.80 (Fees) provided, however, no fees shall be payable in conjunction with a timely made request for review by the Planning Director.

   .050   Notification and Hearing. Appeals shall be subject to the same notification and hearing requirements as the action being appealed.

   .060   Withdrawal of Appeal. An appeal may be withdrawn by the party who filed the appeal, provided the withdrawal is submitted in writing to the Planning Commission prior to or at the public hearing. However, if more than one (1) party has filed an appeal, all of said parties must withdraw their appeals; otherwise the Planning Commission shall act upon the appeal. If a valid withdrawal is submitted, the decision of the original approval authority shall stand as the final decision at the end of the original appeal period. A timely request for review made by the Planning Director shall not be withdrawn after expiration of the time within which such request for review could be made. (Ord. 6031 § 50; August 22, 2006: Ord. 6156 § 28; September 22, 2009.)

   .010   Appeal Authority. Unless otherwise provided for in Title 18, decisions of the Planning Commission may be appealed to the City Council and decisions of the Planning Director may be appealed to the Planning Commission.

   .020   Appeal Authority Action. The Appeal Authority may approve, conditionally approve, or deny the application that is the subject of the appeal. Decisions regarding appeals remain subject to all applicable findings for the permit or use in question.

(Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 51; August 22, 2006: Ord. 6156 § 29; September 22, 2009.)

   .010   Regardless of the basis for appeal, the appeal authority shall consider the entire scope of the project application under consideration, including the proceedings and conclusions of the original decision-making process. All plans, records, files and other documents concerning the application, that constitute the record in the action being appealed, shall be transmitted to the appeal authority by the appropriate approval authority.

   .020   When multiple discretionary land use applications are submitted for concurrent Planning Commission review and approval, and one or more of such applications requires City Council review and approval in conjunction with a noticed public hearing, all such applications shall be subject to full review and approval by the City Council as the granting authority. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 30; September 22, 2009: Ord. 6317 § 23; March 3, 2015.)

   Establishment of a use or approved structure shall occur within two (2) years of the effective date of permit approval, unless a different time period is established as part of the approval. The establishment term may be lengthened to match the establishment term of a concurrent land use application on the subject property. The use or structure shall be considered established when the provisions of either subsection .010 or subsection .020 below are met:

   .010   All the following exist:

      .0101   All required conditions of approval have been satisfied;

      .0102   All required construction permits have been obtained and completed,

      .0103   All grading work, structural foundations, and final inspections have been completed; and

      .0104   A certificate of occupancy has been issued and bonds guaranteeing site improvements have been released; or

   .020   All required conditions of approval have been satisfied for a use not requiring any building permits, and the use is operating in compliance with such approval. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6245 § 86; June 5, 2012.)

   The approved time period to satisfy conditions of approval to establish an approved use or structure may be extended at the discretion of the Planning Director. Extensions of tentative map approvals are subject to Section 17.08.110 (Expiration of Tentative Map Approval) of the Anaheim Municipal Code.

   .040   Appeals. The decision on an extension of time may be appealed to the appropriate appeal authority, in accordance with the appeal procedure in this chapter. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 49; October 25, 2005: Ord. 6156 § 31; September 22, 2009: Ord. 6317 § 24; March 3, 2015: Ord. 6555 § 62; April 4, 2023.)

   Requests for reinstatement or renewal of a time-limited permit shall be accompanied by an application form and the required filing fee.

   .010   Processing. Permit reinstatement or renewal requests shall be processed in the same manner as the original application, and the Planning Commission shall be the approval authority for Planning Commission or City Council decisions, and the Planning Director shall be the approval authority for Planning Director or prior Zoning Administrator decisions.

   .020   Time Period. Upon application for an extension, the expiration of the permit shall be stayed until a formal action has been taken on the extension request, but in no event for more than one (1) year.

   .030   Findings. An approval for an extension shall be granted only upon the applicant presenting evidence to establish the following findings:

      .0301   The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist;

      .0302   The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved;

      .0303   The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and

      .0304   With regard only to any deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area, and that the periodic review of the use is no longer necessary and/or that it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area.

   .040   Approval Term. If a permit reinstatement or renewal is granted, the new approval term shall be established by the approval authority, at its discretion, and shall begin immediately after the original expiration date. (Ord. 5920 1 (part); June 8, 2004: Ord. 6156 § 32; September 22, 2009: Ord. 6286 § 40; September 3, 2013.)

   Amendment of an approved permit may be initiated by submitting a letter clearly describing the proposal, or filing an application with the Planning Department. Such amendment may involve a change to the approved use, alteration of the approved structure, a change in the configuration of site improvements, and/or modification or deletion of one or more conditions of approval. There are three classifications of permit amendments based on their significance, consequences, and/or the amount of additional processing and review required.

   .010   Administrative Amendments. Administrative amendments are modifications that may be reviewed and approved by the Planning Director. Such amendments include tenant improvements, facade remodeling and minor building additions where parking is not impacted.

   .020   Minor Amendments. Minor amendments require Planning Commission or Planning Director consideration to determine whether the amendment is in substantial conformance with the use and/or the plans that were originally approved. Such review authority may approve in whole or in part, conditionally approve, or deny the amendment. Minor amendments do not require a public hearing, unless the review authority determines, at its discretion, that a public hearing is appropriate.

      .0201   The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved;

      .0202   No new waivers of code requirements are needed, excluding administrative adjustments;

      .0203   The conditions of approval are not proposed to be substituted or amended, except the substitution or modification to the conditions of approval of a permit previously approved when a written finding is made that the substitute or amended conditions are equivalent or more effective;

      .0204   No substantive changes to the approved site plan are proposed;

      .0205   The nature of the approved use is not significantly changed;

      .0206   The approved use is not intensified; and

      .0207   No new or substantially greater environmental impacts would result.

   .030   Major Amendments. Major amendments are processed in the same manner as a new permit and subject to a new public hearing, unless such permit is subject to the Planning Director review pursuant to this chapter. An amendment shall be considered major if it does not meet any one or more circumstances in subsection .020 above. The review authority may approve in whole or in part, conditionally approve, or deny the amendment.

   .040   Findings. Except for an amendment to a use variance, before a minor or major amendment may be approved, the review authority shall make the findings required for the original permit approval.

   .050   Use Variances. State law has established basic criteria and standards for variances, which the City has incorporated into its Zoning Code. However, prior to the adoption of these criteria, the City granted variances that authorized a use or activity on the basis of standards that were previously contained in the Zoning Code (herein referred to as a “Use Variance”). This land use entitlement was similar to a Conditional Use Permit. The following shall apply to new and previously-approved Use Variances:

      .0501   New Use Variances Prohibited. A Use Variance shall not be granted to authorize a use or activity which is not otherwise expressly authorized by the regulations governing a parcel of property under the Zoning Code.

      .0502   Amendment of a Previously-Approved Use Variance. Amendment of a previously-approved Use Variance shall be processed as a Major Amendment. Before the Planning Commission, or City Council on appeal, may approve an amendment to a Use Variance, it must make a finding of fact, by resolution, that the evidence presented shows that all of the conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) exist. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 6156 § 33; September 22, 2009: Ord. 6382 § 11; October 18, 2016: Ord. 6432 § 36; April 10, 2018: Ord. 6555 § 63; April 4, 2023.)

   Modifications of discretionary land use permits may be initiated by the property or business owner. The Planning Director may initiate revocation of a permit and schedule a hearing before the Planning Commission and/or City Council for consideration of revocation of any discretionary land use permit that has been granted pursuant to this Title. On its own motion or at the direction of the City Council, the Planning Commission may hold a hearing to revoke any discretionary land use permit that has been granted pursuant to this zoning ordinance. The applicant shall be provided with at least fourteen (14) days’ notice of the hearing.

   .010   Findings. The Planning Commission may revoke or modify any active land use permit on the basis of evidence and testimony submitted at the hearing, if it finds any of the following:

      .0101   That the approval was obtained by fraud; or

      .0102   That the use or variance for which such approval is granted is not being exercised within the time specified in such permit; or

      .0103   That the use or variance for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more; or

      .0104   That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or

      .0105   That the use or variance for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; or

      .0106   That the use or variance for which the approval was granted has not been exercised and that, based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of such entitlement, as set forth in this chapter, no longer exist; or

      .0107   That any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the permit as granted.

   .020   Conditions. If the Planning Commission makes one or more of the above findings, it may change conditions or add new conditions as necessary to correct problems or violations relating to the use. The Planning Commission may also modify conditions or add new conditions to preserve the integrity and character of the zoning district, or to secure the general purposes of the zoning ordinance and the General Plan.

   .030   Notification. Upon the revocation, modification or reaffirmation of any land use permit, the Planning Department shall prepare and mail to the permittee and the property owner a formal written notice of the Planning Commission’s action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Section 1.01.389. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 50; October 25, 2005: Ord. 6156 § 34; September 22, 2009.)

   .010   Initiation. The process to terminate any permit that is no longer in use may be initiated by the property owner, or by the Planning Commission on its own initiative or at the request of city staff.

   .020   Termination Initiated by Property Owner.

      .0201   Request. The property owner may initiate the termination of a permit that is no longer in use by submitting a request in writing to the Planning Department.

      .0202   Planning Director Action. The Planning Director, or designee, shall prepare and mail to the property owner a formal written notice of the action approving or denying the request within ten (10) days after the receipt of a request in writing.

   .030   Terminations Initiated by Planning Commission or City Staff.

      .0301   Notification. If the process to terminate any petition that is no longer in use is initiated by the Planning Commission or at the request of city staff, the property owner and the permittee if different from the property owner, shall be notified personally or through the U.S. Postal Service at least ten (10) days prior to any action being taken. If the property owner protests the termination or fails to reply prior to action being taken, the proposed action shall be considered a revocation and shall be processed pursuant to Section 18.60.200 (Revocation or Modification of Permits); provided, however, that a permittee who does not continue to legally occupy the property shall not have the authority to affect the termination.

      .0302   Planning Commission Action. The action to terminate shall be placed on the agenda of a regularly scheduled Planning Commission meeting. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 51; October 25, 2005: Ord. 6169 § 5; April 27, 2010.)

   The Planning Commission shall have the authority to make determinations of public convenience or necessity on behalf of the City pursuant to Section 23958.4 of the California Business and Professions Code relating to the sale of alcoholic beverages, including beer and wine, or the section that may be subsequently adopted to replace said Section 23958.4. The Planning and Building Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as follows:

   a)   “Alcoholic Beverage Manufacturing” and “Alcoholic Beverages-Off-sale” as an accessory use incidental to and integrated within a hotel or motel within the Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zone, the Anaheim Resort Specific Plan No. 92-1 (SP 92-2) Zone, and the Hotel Circle Specific Plan No. 93-1 (SP 93-1) Zone.

   b)   “Alcoholic Beverage Manufacturing” and “Alcoholic Beverages-Off-sale” as an accessory use incidental and integrated within a hotel or for Alcoholic Beverages-On-sale for Bars and Nightclubs within the Transit and Arena Districts of the Platinum Triangle Mixed Use Overlay Zone.

   c)   “Alcoholic Beverage Sales–Off-Sale” and “Alcoholic Beverage Sales–On-Sale” as an accessory use to a primary use that is permitted without a conditional use permit in the underlying zone. (Ord. 5920 1 (part); June 8, 2004: Ord. 6296 § 12; March 4, 2014: Ord. 6382 § 12; October 18, 2016: Ord. 6432 § 37; April 10, 2018: Ord. 6506 § 52; February 9, 2021: Ord. 6538 § 5; October 4, 2022: Ord. 6555 § 64; April 4, 2023.)