Laguna Hills City Zoning Code

That the amendment or plan is consistent with the intent of the goals and policies of the general plan as a whole, and is not inconsistent with any element thereof;

That the amendment or plan is necessary to prescribe reasonable controls and standards for affected land uses to insure compatibility and integrity of those uses with other established uses;

That the amendment or plan is necessary to provide reasonable property development rights while protecting environmentally sensitive land uses and species;

That the plan or amendment is necessary to correct discrepancies in standards or policies within the plan area or land use category;

That the plan or amendment is necessary to protect the general health, safety, or general welfare of the community as a whole.

That the plan and the uses proposed are consistent with the general plan;

That the proposed plan is consistent with adopted development standards for the area in which proposed;

That the plan promotes community image and enhances compatibility of uses in the plan area;

That the plan will reduce undesirable environmental consequences while improving economic needs of the area and community;

That the plan is sufficiently detailed to ensure design values and controls needed to achieve a balance and integration of uses.

That the proposed use is consistent with the general plan;

That the nature, condition and development of adjacent uses, buildings and structures have been considered and the proposed conditional use will not adversely effect or be materially detrimental to the adjacent uses, buildings, or structures;

That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity;

That all required development standards prescribed by this code can be achieved;

That the conditions and limitations placed upon the use are necessary to ensure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

A notice of the application shall be sent to property owners within a one hundred (100) foot radius of the site.

A public hearing shall not be required unless one is requested by the applicant or by a person who receives the notice and raises concerns in the areas of noise, traffic, parking and spacing and concentration.

If a public hearing is requested, one shall be held by the Planning Agency and notice of the hearing shall be sent to property owners within a one hundred (100) foot radius of the site.

The application shall be approved or conditionally approved if it is found that the following statutory standards are met:

That the proposed joint parking use permit is consistent with the intent and purpose of the development code;

That the joint parking use permit provides a reasonable and enforceable means for all uses to share parking facilities;

That the requirement for parking established by the joint parking use permit shall assure that parking demands for the participating uses are continually met;

All the findings in support of a conditional use permit.

That the strict application of the development code deprives the property owner of privileges enjoyed by other properties in the vicinity and in an identical land use designation because of special circumstances applicable to the subject property or intended use of the property that do not generally apply to other properties in the same zoning district such as size, shape, topography, location or surroundings;

That the grant of the variance does not constitute the grant of special privilege not available to other properties under similar circumstance in the same zoning district;

That the variance is granted upon hardship and not convenience;

That the grant of variance will not be detrimental to the public health, safety, and welfare of the community, nor be injurious to properties, uses, or improvements in the vicinity;

That the variance does not grant a use not permitted by the zoning district.

The Community Development Director shall have the authority to review and approve all site development permits meeting the following criteria:

The Planning Agency shall have jurisdiction and review authority over all site development permits exceeding the criteria specified above. Additionally, the Community Development Director may forward any project over which he or she has authority or which he or she shall deem of sufficient interest on a broader land use policy scale to the Agency for their consideration. The Community Development Director shall review and make recommendations regarding all site development permits forwarded to the Agency and shall insure all environmental and notice requirements are met.

Prior to issuing a site development permit, the Community Development Director or Planning Agency shall make the following findings:

That the design and application of the sign criteria required by the development code are satisfied by the proposed sign program;

That the sign program provides a compatible and harmonious design between advertising, landscaping and building design.

That the home occupation will not violate restrictions provided by the development code or any health or safety regulations applicable to the requested occupation;

That the home occupation will not contribute to air, water, or noise pollution in any amount greater than that of the typical residential use in which the occupation is operated.

That the agreement is consistent with the objectives, policies, general land uses, and programs contained in the general plan and any applicable specific plan;

That the agreement is compatible with the uses authorized in the district in which the property is located;

The agreement provides for the orderly development of the property.

Failure to Implement in Timely Manner. Should an applicant encounter difficulties in implementing the approvals granted by the hearing body, the applicant may file a request for extension of time. All requests for extension under this category shall be filed not less than thirty (30) days prior to the expiration date in order to be considered valid. Such requests shall clearly identify and evidence the reason for failure to attain the implementation date and set forth a date certain by which the applicant can implement the permit. Upon review and discussion as an agenda item at a regular meeting, the hearing body who first granted the permit or approval shall approve or deny the extension request.

Extension Beyond Established Expiration Date. Some permits or approvals will receive expiration dates within the conditions of approval. Applicants may file requests to extend the life of the permit or approval to permit continued operation. Such applications shall be made not less than thirty (30) days prior to the expiration date contained within the original permit or the application shall be considered invalid. Extensions of this type shall pay the fee established by the adopted fee schedule and shall provide updated environmental information reflecting any changes in conditions affecting the location since original approval was granted. Changes to the original request shall be considered new applications. Any extension granted pursuant to this section shall be to a date certain.

That the use as conditioned meets all criteria for such use as prescribed by Chapter 9-54, and any state or federal law pertaining to the use;

That the conditions and limitations placed upon the use are necessary to insure compatibility with adjacent or abutting uses and the preservation of the public peace, safety, and welfare.

Violation of permit conditions;

Violation of any applicable law or regulation federal, state, county or city;

Repeated violations of municipal code land use, and/or administrative requirements;

Failure to possess or maintain any license, certification, or registry necessary for the operation of any business or structure for which the permit may be granted;

Expiration of established time limits placed upon the permit;

Operation under a suspended permit shall be grounds for revocation of the permit.