Is the owner of the premises involved;

Has written permission of the owner(s) to make the application;

Is or will be the plaintiff in an action of eminent domain to acquire the premises involved; or

Is a public agency negotiating to acquire a portion of the premises involved.

The new structure shall require the approval of a design review in compliance with subsection 4.19.060, or other applicable entitlement(s), in compliance with article 2 (Zoning Districts and Allowable Land Uses).

The proposed site and any land use(s) or structure(s) existing on the site shall not be in violation of any applicable provision of this zoning ordinance, except for nonconforming uses and structures in compliance with section 25 (Nonconforming Uses, Structures, and Parcels).

The required number of parking spaces, and driveway and parking lot improvements shall be provided and maintained in compliance with section 14 (Off-Street Parking and Loading);

All on-site signs shall be in compliance with section 15 (Signs); and

All requirements of previously granted entitlements (e.g., adjustments, conditional use permits, design reviews, variances, etc.) including conditions of approvals applicable to the subject site.

An application for a minor deviation shall consist of written documentation of the precise nature of the change(s) the applicant is proposing, the duration, a plot plan for the parcel, and any other information determined to be necessary by the director.

The director is empowered to impose any conditions of approval as the director deems reasonable and necessary to ensure that the proposal satisfies the required findings identified in this subsection D., (Require findings), above.

Upon receipt of an application for a minor deviation, a notice shall be sent to all adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 days from the date the notice was sent out.

A public hearing shall not be required.

If the request is approved, the director's notice of the decision shall be transmitted, along with any appropriate conditions of approval, to the applicant and to each member of the council.

The decision of the director shall be final and binding unless an appeal is filed in compliance with section 27 (Appeals) or unless the application is called up for review by any member of the council. The city clerk, upon receipt of a timely request for council review, shall schedule the matter for council review at its next available meeting.

Based on the investigation undertaken in compliance with subparagraph 1, above, the director shall act to approve, approve with conditions, or disapprove the application.

In granting the minor deviation application, the director shall make findings of fact that establish the circumstances appropriate for the approval in compliance with subsection D., (Required findings), above.

Action on the minor deviation application shall be taken within 30 days of the date the application is deemed complete.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the director's review was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the director's review was approved; or

In the event no building permit or certificate of occupancy is required, the site for which the director's review was approved is occupied; or

Before the date on which the director's review will elapse, the permittee files an application to extend the permit in compliance with subparagraph 2., below.

The director may approve or disapprove an application for an extension of a director's review.

As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the director's review and surrounding properties.

A director's review may be extended for up to one additional twelve-month period; provided, the application for extension is filed with the department at least 14 days before the expiration date.

Hours of operation;

Lighting;

Signs;

Walls or fences; or

Other conditions deemed reasonable and necessary to protect the public health, safety, and general welfare of the community.

A temporary seasonal sales facility shall not be open for business more than a total of 60 days during any one calendar year.

An allowed temporary seasonal sales facility shall not engage in the sale of any merchandise not directly associated with the specific holiday for which the sale is being held.

After the holiday, the facility shall be removed and the premises cleared of all debris and restored to at least as good a condition as existed before the establishment of the facility.

the director may impose any other conditions deemed reasonable and necessary to protect the general health, welfare, and peace of the surrounding area.

The on-site temporary office may consist of a manufactured home, commercial coach, selfcontained recreational vehicle, or mobile office; provided, the structure or vehicle is erected or installed in compliance with uniform building code requirements for temporary construction offices.

A temporary construction office shall be removed or shall be converted to an allowed use before the issuance of a certificate of use and occupancy for the main structure(s). If construction is phased over a length of time, the permit may provide that the certificates of use and occupancy may be issued for completed structures.

Before the last structures in a tract or phase being granted certificates of occupancy, the temporary construction offices shall be removed or converted into permanent structures, where allowed.

Parking lot and other outdoor sales sponsored by merchants with valid city-issued business licenses shall be limited to one sale per calendar quarter.

Rummage and other outdoor sales sponsored by local, nonprofit organizations shall be limited to one sale every 180 days not to exceed three days per event.

Based on the investigation undertaken in compliance with subparagraph A., above, the director shall act to approve, approve with conditions, or disapprove the adjustment application.

In granting an adjustment, the director shall make findings of fact that establish the circumstances appropriate for the approval.

Action on an adjustment application shall be taken within 30 days of the date the application is deemed complete.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the Adjustment was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the Adjustment was approved; or

In the event no building permit or certificate of occupancy is required, the site for which the adjustment was approved is occupied; or

Before the date on which the adjustment will elapse, the permittee files an application to extend the permit in compliance with subparagraph 2., below.

the director may approve or disapprove an application for extension of an adjustment.

As part of the action, the director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the Adjustment and surrounding properties.

An adjustment may be extended for up to one additional twelve-month period; provided, the application for extension is filed with the department at least 14 days before the expiration date.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which design review approval was granted; or

Before the date on which design review approval will elapse, the grantee or the city files an application to renew the approval in compliance with subsection (H)(2).

A public hearing before the council shall be noticed and conducted in compliance with Section 26 (Public hearings).

At the public hearing, the council shall review the application and proposed and may receive evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings identified in subsection E. (Required findings).

Within 21 days following the close of the public hearing, the council shall act to approve, approve in modified form, or disapprove the application. The action shall be by resolution of the council.

The payment of drainage fees;

Special requirements for buffers, fences, open space, walls, and yards;

Installation and maintenance of landscaping;

Street dedications and improvements;

Regulation of point of vehicular access;

Regulation of signs;

Regulation of hours and methods of business operation;

Property maintenance;

Development schedules; and

Development standards.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved;

In the event no building permit or certificate of occupancy is required, the site for which the conditional use permit was approved is occupied and used for the allowed purpose; or

Before the date on which the conditional use permit will elapse, the permittee or the city files an application to extend the permit in compliance with subparagraph 3.

The use for which the permit was issued is not being operated consistent with the conditions of approval of the conditional use permit;

The use is being conducted and/or operated in a manner that constitutes a public nuisance in compliance with state law (California Civil Code Section 3480);

The application contained incorrect, false, or misleading information; or

The use for which the permit was originally issued has materially changed so that it has become a different use than for which the permit was originally issued.

Upon determining that the grounds for modification, suspension, or revocation exists as identified in this subsection, the director shall furnish written notice of the proposed modification, suspension, or revocation to the permittee. The notice shall summarize the principal reasons for the proposed modification, suspension, or revocation; and shall be delivered both by posting the notice at the location of the use for which the conditional use permit has been issued, and by sending the notice certified mail, postage prepaid, addressed to the permittee as that name appears on the conditional use permit application.

Within 10 calendar days after receipt of the notice of proposed action, the permittee may request a hearing by providing written notice of a request to the city clerk. The notice shall specify the grounds upon which the permittee contests the proposed action. In the absence of a timely hearing request, the proposed decision of the director shall be forwarded to the council along with the record containing the director's decision. Based on this record, the council shall either adopt the director's recommendation in its entirety, adopt the recommendation as modified, or reject the recommendation.

Within 10 calendar days of receiving a request for a hearing, the city clerk shall transmit to the permittee a list of five proposed qualified hearing officers as jointly recommended by the city attorney and director. Within 10 calendar days of the date the list of potential hearing officers has been mailed, the permittee shall return to the city the notice indicating that the permittee has either selected one of the proposed hearing officers or rejected all hearing officers. If the permittee rejects all the hearing officers, the permittee and the director shall, mutually select a hearing officer through Judicial Arbitration and Mediation Services, Orange County Office ("JAMS"). If a mutual selection cannot be made within five working days of the city's receipt of the permittee's notice that it has rejected all proposed hearing officers, the permittee and city clerk shall meet in person and each submit the names of three JAMS hearing officers, which names shall be placed in an opaque receptacle. The city clerk shall draw one name out of the receptacle which shall be the hearing officer for the appeal hearing. In either event, both parties shall equally split the cost for the hearing officer.

Once the hearing officer has been selected, the permittee shall be notified of the time and place of the hearing by personal service or via U.S. mail, postage prepaid, at least 15 calendar days in advance of the date set for the hearing. At the hearing, the permittee and the city shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The hearing officer shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the hearing officer.

Within 15 days of the termination of the hearing, the hearing officer shall recommend that the council either adopt the director's recommendation in its entirety, adopt the recommendation as modified, or reject the recommendation. The recommendation of the hearing officer shall be forwarded by certified mail, postage prepaid to the permittee within three days of the hearing decision. The decision and the record of procedures shall also be forwarded to the council. The council shall meet within 30 days of the issuance of the hearing officer's recommendation and either adopt the proposed decision in its entirety, amend the decision, or reject the decision. The council's decision shall be based on the record of the hearing and shall be final. In the event that a judicial action is filed challenging the council's decision on a conditional use permit involving expression protected by the First Amendment, the status quo shall be maintained pending the superior court's decision on the challenge.

A public hearing before the council shall be noticed and conducted in compliance with Section 26 (Public Hearings).

At the public hearing, the council shall review the application and proposal and may receive evidence concerning the proposed variance and the conditions which make compliance with specific provisions of this zoning ordinance difficult.

Within 21 days following the close of the public hearing, the council shall act to approve, approve in modified form, or disapprove the application. The action shall be by resolution of the council.

The strict or literal interpretation and application of this zoning ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this subsection, or would deprive applicants of privileges granted to others in similar circumstances;

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zoning district;

The granting of the variance would not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zoning district;

The granting of the variance would not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zoning district or neighborhood in which the property is located; and

The granting of the variance would not create any inconsistency with any objective contained in the general plan.

A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the variance was approved;

In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the variance was approved;

In the event no building permit or certificate of occupancy is required, the site for which the variance was approved is occupied; or

Before the date on which the variance will elapse, the permittee or the city files an application to extend the permit in compliance with subsection (I)(2).

A home occupation shall not be established or operated in any manner without the prior approval, issuance, and maintenance of a valid home occupation permit.

An application for a home occupation permit shall be submitted for approval, conditional approval, modification, or disapproval before the establishment or operation of the proposed use.

A business license shall not be issued by the city until the director has approved and issued the home occupation permit.

Is allowed in compliance with subsection (B)(2);

Is not prohibited in compliance with subsection D (Prohibited home occupations);

Would be consistent with the actions, goals, objectives, and policies of the general plan and any applicable specific plan;

Would comply with the locational and operational standards identified in subsection 3.17.100 (Home occupations); and

Would be compatible with adjoining properties and the surrounding neighborhood, and would not alter the residential character of the property.

Would ensure that the integrity of the respective residential zoning district would be preserved; and

Would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare of persons residing or working in the city.

Ensure that the applicant acknowledges receipt, full understanding, and agreement with all of the conditions before issuance of the home occupation permit.

By signing the written acknowledgment, the applicant acknowledges acceptance of the benefits of the home occupation permit and agrees to waive any right to later challenge any condition(s) imposed as unfair, unnecessary, or unreasonable.

Documentation that the applicant is an individual with a disability, applying on behalf of one or more individuals with a disability, or a developer or provider of housing for one or more individuals with a disability. Documentation may include a letter from a medical doctor or other licensed healthcare professional, a disabled license, or any other appropriate evidence;

The specific code section, regulation, policy or practice from which relief is sought and an explanation of why it is preventing, or will prevent, the use and enjoyment of the subject property by one or more individuals with a disability;

The specific exception or modification requested and an explanation of why it is necessary to provide one or more individuals with a disability equal access to housing;

Verification that the property is or will be the primary residence of the individual(s) for whom the reasonable accommodation is requested; and

Any other information that the director reasonably concludes is necessary to make the findings required by this subsection, consistent with fair housing laws.

The modification is physically integrated on the property and cannot feasibly be removed or altered; or

The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or their successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 30 days of the date of a written request by the city shall constitute grounds for discontinuance by the city of the previously approved reasonable accommodation.

Development and conservation standards and criteria, infrastructure, and land uses;

Public amenities, based on a nexus between development exactions being imposed and the development-induced needs being met by those exactions;

Orderly phasing of the development; and

Other measures needed to protect the health, safety, and well-being of the community.

Ensure quality development by encouraging greater creativity and aesthetically pleasing designs for the individual components of the development and the development as a whole;

Ensure the timely provision of essential public services and facilities consistent with the demand for the services and facilities; and

Promote a harmonious variety of housing choices and commercial and industrial activities, if applicable; attain a desirable balance of residential and/or employment opportunities; and result in a high level of amenities and the preservation of the natural and scenic qualities of open space.

Physically suitable for the proposed land use designation(s);

Physically suitable for the type and density/intensity of development being proposed;

Adequate in shape and size to accommodate the proposed development; and

Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development.