(a)

Discretionary actions. A discretionary permit is a permit issued or approved by the City of Laguna Woods as the result of an application wherein the City retains the right to either approve or disapprove. This section provides the procedures and requirements for processing discretionary permit applications and the criteria and conditions considered to be necessary so that an appropriate decision regarding each such application may be made by the appropriate approving authority.

(b)

Who may file. A discretionary permit application may be submitted only by a property owner of the subject property, by his authorized agent, or by a public agency.

(c)

Applicability. Discretionary permits applicable to the subject property and all rights granted by the approval of a discretionary permit remain with the property and all conditions and requirements of a discretionary permit are passed on to the new property owner when there is a change of ownership.

(d)

Enforceability. All conditions, requirements and standards, indicated graphically or in writing as part of any approved discretionary permit granted by authority of these regulations shall have the same force and effect as the Zoning Code. Any use or development established as a result of an approved discretionary permit but not in compliance with all such conditions, requirements, or standards shall be in violation of this Zoning Code and enforcement provisions, shall be applicable.

(Ord. No. 03-03, § 5(18.50.000), 4-16-2003)

(a)

Use permits.

(1)

The purpose of a use permit is to provide for the public review of detailed final plans for a proposed use. Uses which require a use permit are regarded as having a relatively moderate to high potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use vis-a-vis the sensitivity of the subject site or surrounding community.

(2)

Establishment, maintenance and operation of the use or uses proposed by the application shall be in compliance with the information and specifications shown on the approved use permit.

(3)

The following are special use types subject to supplemental regulations as specified in this Code and may require additional findings above those required by this section in consideration of an approval of such uses:

a.

Affordable housing incentive.

b.

Off-street parking alternative.

c.

Condominium conversion.

d.

Fence/wall height modification.

e.

Wireless facilities.

(b)

Site development permits.

(1)

Site plans are included within the term "site development permit." The purpose of a site development permit is to provide for administrative review of detailed development plans for a proposed use. Uses that require a site development permit are regarded as having a relatively low potential for adverse impacts on the subject site or surrounding community due to the nature or magnitude of the use vis-a-vis the sensitivity of the subject site or surrounding community.

(2)

Establishment, maintenance and operation of the use or uses proposed by the application shall be in compliance with the information and specifications shown on the approved site development permit.

(3)

A site development permit is required to establish a use, and only if shown in the list of principally permitted uses in a respective zoning district. The following uses are exempt from the requirement to obtain site development permit approval; however, establishing a use or satisfying certain development standards may require other discretionary action. A use exempted here from the requirement for a site development permit approval does not authorize a use that is not specifically listed in a respective zoning district or a use that is specifically prohibited by such a zoning district:

a.

Archaeological/paleontological/historical site.

b.

Community care facilities ( less than 6 persons).

c.

Dwelling, single-family.

d.

Dwelling, multiple-family (less than 4 units).

e.

Family day care home, large.

f.

Grazing.

g

Greenbelts.

h.

Horticulture, unenclosed, noncommercial.

i.

Mobile home.

j.

Parks/playgrounds, public/private.

k.

Riding and hiking trails.

l.

Water recharge/percolation/watershed areas.

m.

Wildlife preserves and sanctuaries.

(c)

Variance permits.

(1)

The purpose of a variance is to provide for the public review of deviations from applicable standards of the Zoning Code. Development proposals that are inconsistent with such standards or other regulations of this Code require consideration and approval of a variance.

(2)

When a variance application is approved, the approved plot plan shall be a precise plan of development, and establishment, maintenance and operation of the use or uses permitted by the approval of the application shall be in compliance with the information shown on the plot plan, as approved.

(Ord. No. 03-03, § 5(18.50.010), 4-16-2003; Ord. No. 17-03, § 3(Exh. A), 4-19-2017)

(a)

Filing instructions. Each application for a discretionary permit shall be filed with the Director, on a form prescribed by and with all documents and information required by the Director. The Director shall provide written filing instructions, specifying information and materials required, and all required forms at no charge to any person requesting such instructions.

(b)

Submittal of applications. Any property owner, his authorized agent, or a local agency may submit an application for a discretionary permit in compliance with the filing instructions. The Director shall determine whether such application is complete and shall transmit such determination to the applicant. In the event the application is determined not to be complete, the Director's determination shall specify in writing those parts of the application that are incomplete and shall indicate the manner in which they can be made complete.

(c)

Application materials. The following are the application materials generally required for all discretionary permits. The Director, or his/her designee, may require additional materials or information due to the specific nature of a proposal or as required specifically for certain types of applications as discussed within this Code:

(1)

A completed application form as provided by the Community Development Department, including all signatures, and containing a complete project description.

(2)

A detailed project description discussing the nature of the proposal and the specifics of the requested action including a statement from the applicant explaining how the project satisfies the required findings for the application type.

(3)

Signature of the property owner upon the application form or a notarized authorization letter designating an agent to facilitate the application process. A facsimile or copy will not suffice in place of the original wet signature.

(4)

A legal description of the property furnished on a copy of a recorded grant deed.

(5)

A copy of a title report, current to within six months of the date the application is submitted.

(6)

A copy of the latest County of Orange Assessor parcel map drawn to scale showing all properties within 300 feet of the project site.

(7)

A certified list of all property owners within 300 feet of the subject property as shown on the latest equalized assessment role of the County of Orange. One set of labels shall be prepared corresponding to this list in accordance with the instructions provided by the Community Development Department. A signed affidavit shall accompany the list stating its accuracy and completeness.

(8)

A detailed site plan of the property and surrounding area at a sufficient scale to be readable and understandable and consistent with the standards as may be outlined in the application instructions provided by the Community Development Department. The site plan may include landscape plans or they may be submitted as a separate sheet.

(9)

Existing and proposed building/structure elevations to scale in accordance with the application instructions provided by the Community Development Department, which show materials, colors, and finishes to be part of the project. A materials board in a format determined by the Community Development Department as may be required.

(10)

Floor plans draw to an easily readable architectural scale showing existing and proposed conditions.

(11)

Copies of the project plans in the number specified for the application type as furnished by the Community Development Department, stapled together in sets, and folded to 8½ inches by 11 inches size. One set of reduced plans shall also be provided in a reproducible format on a sheet size of 8½ by 11 inches.

(d)

Acceptance of applications. No application shall be deemed accepted until a determination has been made by the Director that the application is complete and in compliance with the filing instructions.

(e)

Withdrawal. At the request of the applicant at any time, the applicant's discretionary permit application shall be withdrawn. Thereafter, such application shall be null and void.

(Ord. No. 03-03, § 5(18.50.020), 4-16-2003)

All discretionary permit applications shall be processed in compliance with the following procedures. If the Director determines on a case-by-case basis, that the public interest would be better served, a permit application may be forwarded to the Planning Commission for action that would otherwise be acted on administratively. Any permit acted on by the Planning Commission shall not require action by the Director.

(1)

Combined application. At the discretion of the Director, different types of permits may be combined in one application and processed with one application number and one fee so long as all the applicable permit processing requirements, including all required findings, are satisfied.

a.

When a permit requiring a public hearing is combined with one not requiring a public hearing, the combined application shall require a public hearing.

b.

Action by the Planning Commission on a permit application shall take precedence over action by the Director.

(2)

Public hearings. Discretionary permits processed per this subsection shall require a public hearing with public notification. However, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the action of the approving authority.

a.

Scheduled hearings. A public hearing shall be scheduled at the earliest available appropriate date of a regularly scheduled meeting of the approving authority, in compliance with the provisions of this section. At the scheduled public hearing, the approving authority may take action on the application, may continue the application to a specified date, or may take the application under submission. When an application is taken under submission, no further testimony shall be heard and no further evidence shall be presented until the application is rescheduled for a new public hearing in compliance with these provisions. An application that has been taken under submission may later be taken out of submission for the purpose of taking action on the application, without scheduling a new public hearing, provided no additional testimony is heard and no further evidence is presented.

b.

Public notice requirements. The Director shall comply with the requirements of Government Code §§ 65090—65096, as may be amended from time to time.

(3)

Administrative action. Discretionary permits processed per this subsection shall be acted upon administratively. Where the Approving Authority is not otherwise specified, the Director shall be the Approving Authority. A public hearing or public notification shall not be required, unless specifically noted.

(4)

Findings.

a.

For all discretionary permits. The following findings shall be made by the Approving Authority prior to the approval of any discretionary permit:

1.

General Plan. The use or project proposed is consistent with the General Plan.

2.

Zoning Code. The use, activity or improvement(s) proposed is consistent with the provisions of the Zoning Code.

3.

CEQA. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act.

4.

Compatibility. The location, size, design and operating characteristics of the proposed use will not create conditions or situations that may be incompatible with other permitted uses in the vicinity.

5.

General welfare. The approval of the permit application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.

6.

Public facilities. The approval of the permit application is in compliance with all City-required public facilities regulations.

b.

For variance applications. In addition to the findings required by Subsection (4)a of this section, the following findings shall be made by the Approving Authority prior to the approval of any variance application:

1.

Special circumstances. There are special circumstances applicable to the subject building site which, when applicable zoning regulations are strictly applied, deprive the subject building site of privileges enjoyed by other property in the vicinity and subject to the same zoning regulations. (The special circumstances shall be specified in the adopted finding.)

2.

No special privileges. Approval of the application will not constitute a grant of special privileges that are inconsistent with the limitations placed upon other properties in the vicinity and subject to the same zoning regulations, when the specified conditions are complied with.

(5)

Action by the Approving Authority.

a.

Actions. The Approving Authority shall take one of the following actions for each application:

1.

Approve. There are no conditions or requirements other than those specified by the application. After the date of final determination and after compliance with any revised plans, if applicable, the proposed project may be established in compliance with all applicable regulations and with the provisions of the application approved.

2.

Disapprove.

3.

Conditionally approve. Any application may be approved subject to the performance of, or compliance with, conditions. Conditions may require dedication of land, installation of improvements, the posting of financial security to guarantee performance of conditions, and other conditions necessary to achieve the objectives of the General Plan and the Zoning Code. No conditions shall be included that would require dedication or improvements or for other purposes not reasonably related to the use of the property which is the subject of the application. After the date of final determination and after compliance with this Code, the proposed project may be established in compliance with all applicable regulations, with the provisions of the application as approved, and with the provisions and requirements of the conditions of approval.

b.

Action in writing. The determination on each application, including any required findings and any other reasons that serve to explain the determination, and all conditions of approval, shall be in writing. A copy of the written determination shall be forwarded to the applicant following the date of final determination and shall be made available, at cost, to any person desiring a copy of such determination.

c.

Final determination. The determination of the approving authority shall be effective 15 days after the date the decision is made, and after all appeals, if any, have been acted on.

(6)

Revised plans. When the approving authority approves an application for any discretionary permit in a manner that is different from that which was presented to them, they may require revised plans to be submitted as a condition of approval. No building or grading permits or certificates of use and occupancy authorized by a discretionary permit shall be issued until such revised plans are submitted to the Director, and found by the Director or designee to be consistent with the action of the approving authority. If such revision is not submitted within 30 days, or as otherwise specified by the approving authority, after the date of final determination, the permit shall thereafter be null and void. However, prior to the expiration of this period, the Director may grant one extension of time of any additional period if it is requested and justified by the applicant.

(7)

Changed plans. Plans that are changed from that approved by the approving authority may be submitted to the Director. If the Director determines that the proposed changed plan is a minor amendment of no significant effect, and complies with the spirit and intent of the original approving action, he may approved the changed plan without further compliance with this chapter.

(8)

Administrative modification to standards. A minor adjustment may be approved by the Director, subjected to conditions as applicable, for the following deviations from standards. A finding that the modification does not result in a detriment to the public health, safety or welfare shall be made by the Director for:

a.

Up to 20 percent increase in maximum structure heights for nonresidential structures only.

b.

Up to 20 percent increase in maximum sign size and height.

c.

Up to 20 percent reduction in minimum setbacks in order to allow a setback encroachment already prevalent on other properties in the same zoning district and vicinity.

d.

Encroachment of balconies, elevated decks, and exterior stairways into front or rear setbacks.

e.

Reduction in the required lot area, minimum floor area, courts or open areas, or landscaped areas by five percent or less.

f.

Increases in the height of both retaining and nonretaining side or rear fences, walls or hedges by not more than ten percent of the maximum permitted height.

g.

Other deviations as set forth in this Code or determined by the City Council to be consistent with the purposes of this section.

(Ord. No. 03-03, § 5(18.50.030), 4-16-2003)

State Law reference— Variances, Government Code § 65901 et seq.; fees, Government Code §§ 65909, 66014 et seq.

Any decision of the Director or Planning Commission regarding the action taken on a discretionary permit application may be appealed to a Board of Appeals in compliance with he provisions of this section.

(1)

Board of Appeals.

a.

The Planning Commission shall constitute the Board of Appeals for decisions by the Director, only in such cases that a separate body from the City Council is designated as such in accordance with State law, otherwise the City Council shall hear such appeals. The Planning Commission's, or if applicable, the City Council's, decisions on such appeals shall be final.

b.

The City Council shall constitute the Board of Appeals for decisions by the Planning Commission, only in such cases that a separate body from the City Council is designated as such in accordance with State law; otherwise there is no further appeal of a decision by the Planning Commission. Only matters originally heard by the Planning Commission shall be appealable to the City Council. Matters heard by the Planning Commission on appeal are not appealable to the City Council.

(2)

Who may appeal. Any interested person may appeal a decision of the Director or Planning Commission regarding the action taken on a discretionary permit application, upon submittal of the required documents and information and payment of the required fee.

(3)

Procedure.

a.

Timeliness. An appeal shall be filed within 15 calendar days of the date on which the decision being appealed was rendered. If the 15th day is a nonworking day for the City, the appeal period shall be extended to include the next City working day. No appeal shall be accepted after the appeal period has expired.

b.

Required documents. Each appeal shall be accompanied by such other documents and information the Director deems to be necessary to adequately explain and to provide proper notification for the appeal. Each appeal shall set forth specifically and in detail the grounds for the appeal. The Board of Appeals may refuse to consider issues not raised in the written appeal.

c.

Time for action. Not later than 45 calendar days after the Director has accepted an appeal, the Board of Appeals shall consider the appeal. The Board of Appeals may take action on the appeal or may continue the appeal, or may refer the application back the approving authority with directions.

d.

Public hearing requirements. The appeal of an approving authority's determination that required a public hearing shall also require a public hearing. Notice and schedule requirements for an appeal hearing shall be identical as those for an original hearing.

e.

Forwarding of records. When an appeal has been accepted, the Director shall forward to the Board of Appeals all documents and information on file pertinent to the appeal, together with the minutes or official action of the Approving Authority, and a report on the basis of the decision and the appropriateness of the appeal.

(4)

Nature of decisions. The Board of Appeals shall consider the appeal at an appropriate public meeting or public hearing, including all information and evidence submitted with the original application, and any additional information and evidence the appellant may submit which the Board finds to be pertinent. The action of the Board of Appeals shall be one or more of the following in compliance with the same procedures and requirements as were applicable to the Approving Authority:

a.

Approve or disapprove the application;

b.

Add, modify or delete conditions;

c.

Approve a modified application; or

d.

Refer the application back to the Approving Authority with directions for action by the Approving Authority or for recommendations or reports to the Board of Appeals.

(5)

Expedited review of free speech claim. If the denial, suspension, or revocation is affirmed on review by the City Council, the applicant or permittee may seek expedited judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.8 if the permit regulates expressive conduct protected by the First Amendment to the United States Constitution. The applicant or permittee shall be responsible for reimbursing the City for its actual costs for transcribing, copying, or otherwise preparing the administrative record required for such court hearing. There shall be an automatic stay of enforcement of a permit denial, suspension, or revocation throughout the judicial appeal process.

(Ord. No. 03-03, § 5(18.50.040), 4-16-2003)

State Law reference— Planning Board may serve as Board of Appeals, Government Code § 65902; City Council may serve as Board of Appeals, Government Code § 65904.

A filing fee to defray the cost of processing and notification for each discretionary permit application and appeal shall be paid by the property owner or his authorized agent or by the appellant at the time the application or appeal is accepted. Such fees shall be in accordance with the fee schedule currently in effect as adopted by resolution by the City Council. When different types of permits are combined, the type of permit application requiring the highest fee shall be the applicable fee for the combined application.

(1)

Waiver of fees. The filing fee shall be waived for an application filed by any County, District, State or Federal government, or agency thereof. The City Council may establish by resolution procedures for consideration of requests by applicants for waiver of permit fees.

(2)

Refund of fee. The Director may refund a filing fee in whole upon a determination that the application was erroneously required of filed. He/she may refund a fee pro rata, based on the cost of processing the application, if the application is withdrawn prior to a decision thereon.

(Ord. No. 03-03, § 5(18.50.050), 4-16-2003)

State Law reference— fees, Government Code §§ 65909, 66014 et seq.

(a)

Period of validity. The period of validity shall begin on the date of final determination as set forth in Subsection 13.24.040(f)(3) and shall expire if not established as set forth below:

(1)

For all discretionary permits: Two years or as stated in the permit.

(2)

If a ministerial permit that was needed to implement the discretionary permit has been issued during the period of validity described above, then the period of validity shall be extended to coincide with the period of validity of that ministerial permit, but only to the extent necessary to implement that ministerial permit.

(3)

Notwithstanding Subsections (a)(1) and (a)(2) of this section, a discretionary permit for a project which was approved in conjunction with a vesting tentative map approved pursuant to the Subdivision Code shall be valid for at least one year after the date such subdivision map or any increment to which the permit applies is recorded. Such discretionary permits shall be identified on the application as associated with a vesting tentative map.

(4)

Notwithstanding Subsections (a)(1), (2) and (3) of this section, the period of validity of a discretionary permit is extended for a period equal to the time during which a lawsuit seeking to set aside approval of the permit is or was pending in a court of competent jurisdiction, or two years, whichever is less.

(5)

Prior to the expiration of the period provided by the Subsections (a)(1) and (2) of this section, a single one-year extension may be granted by the Director provided that both the following conditions have been satisfied:

a.

The extension of time has been requested and adequately justified by the applicant; and

b.

There has been no change in the underlying zoning regulations for the subject site and proposed use.

(b)

Establishment. A discretionary permit shall be deemed established if, during the period of validity:

(1)

In the case of a discretionary permit where ministerial permits are required, such ministerial permits are finalized, but only to the extent authorized by such ministerial permits.

(2)

In the case of a discretionary permit where no ministerial permits are required, the use authorized by the permit is actually commenced.

(3)

In circumstances where a certificate of use and occupancy is required, such certificate must be issued.

(c)

Expiration. A discretionary permit shall expire and be of no further force or effect if:

(1)

The permit is not established during the period of validity; or

(2)

After the establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of one year.

(Ord. No. 03-03, § 5(18.50.060), 4-16-2003)

(a)

Grounds for revocation. Any discretionary permit may be revoked by the Planning Commission pursuant to the provisions of this section on any of the following grounds:

(1)

Such approval was based on inaccurate or misleading information.

(2)

The permittee has failed to abide by and faithfully comply with one or more of the conditions upon which the permit was granted or extended.

(3)

A change in conditions occurring after the original grant of the approval or the continuation of the use as approved is contrary to public health, safety or general welfare, or is detrimental or incompatible with other permitted uses in the vicinity.

(4)

The findings that were the basis for the original permit approval can no longer be made.

(5)

Regulations applicable when the permit was approved have been amended.

(b)

Procedure. Prior to any revocation, the Planning Commission shall hold a public hearing. The hearing shall be preceded by notice given in the same manner as was required to be given for consideration of issuance of the permit except that the permittee shall be given not less than 15 calendar days' notice. The notice shall state the causes for which revocation is to be considered.

(c)

Action of approving authority. Following the hearing, the Planning Commission may revoke the permit, impose additional conditions on the permit, or revoke the permit subject to reinstatement upon compliance with specified conditions.

(d)

Amortization. If a revocation of any approval is ordered, the Planning Commission may at the same time provide for a reasonable period of time to amortize any lawful existing uses on the site. Extensions of this time period may be granted for good cause shown on later application to the approving authority by any affected person.

(e)

Appeal. Any action by the approving authority pursuant to this section may be appealed as set forth in Section 13.24.050.

(Ord. No. 03-03, § 5(18.50.070), 4-16-2003)

(a)

Any discretionary permit may be amended any number of times by the approval of a subsequent application. Amendments may include extensions of time, revised conditions of approval, revisions and refinements of an approved permit, and new or additional uses.

(b)

All amendments shall be for the same parcel of property for which a discretionary permit was previously approved. Amendments shall be filed prior to the expiration of the previously approved permit, and they shall be filed in compliance with the filing procedures and payment of the filing fee required for an original application and shall be processed in the same manner as an original application.

(Ord. No. 03-03, § 5(18.50.080), 4-16-2003)

Any action or proceeding to attack, review, set aside, void, or annul any decision on a discretionary permit involving matters listed in Government Code § 65901 or 65903, or concerning any of the proceedings, acts, or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality, or validity of any conditions attached thereto, shall not be maintained by a person unless the action or proceeding is commenced within 30 days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of that decision or of these proceedings, acts, or determinations.

(Ord. No. 03-03, § 5(18.50.090), 4-16-2003)

When deemed to be necessary for the orderly implementation of the General Plan and when deemed to be in the public interest, the City Council may adopt a specific plan by ordinance or by resolution. Preparation and processing of specific plans shall be in compliance with the provisions of Government Code and this section. A specific plan may be prepared with a text, statistical summary, statistical table, zoning map, and development map.

(1)

Preparation. The City Council shall initiate the preparation of all specific plans. Specific plans may be prepared by the Director, by contract with a private planning or engineering firm, or by arrangement with the property owner.

(2)

Cost of preparation and processing. When the City Council finds that a specific plan would provide a property owner with a planning or design service, the City Council may specify that an appropriate charge for preparation of the specific plan be borne by such property owner. The method for determining costs of preparation and making payment shall be as specified in the resolution adopted at the time of initiation of the specific plan and the final amounts shall be fixed upon adoption of the specific plan.

(3)

Procedure. The procedures for adoption of a specific plan are the same as per Section 13.24.120(c), zoning ordinance procedure.

(4)

Specific plan resolution. When a specific plan is intended to provide clarification and specific information with regard to the policies and concepts expressed within the General Plan, but not to provide the regulations necessary for implementation, such specific plan may be adopted by resolution of the City Council.

a.

Contents of plan. A specific plan resolution may include all of the details, concepts and programs deemed necessary to ensure common understanding and implementation of the General Plan as applicable to the area and the issues covered by the specific plan. It shall include such direction and provisions deemed necessary to provide for the implementation of the General Plan.

b.

Regulations excluded. A specific plan resolution shall not include regulations and requirements for implementation of the General Plan, and any specific plan that contains such implementation regulations shall not be adopted by resolution.

(5)

Specific plan ordinance. Regulations within a specific plan shall be adopted by the City Council by ordinance. Such plan may either supplement or supersede all land use regulations applicable to the subject property, including all previously adopted ordinances, standards and guidelines deemed to be necessary for the orderly and systematic implementation of the General Plan.

a.

Scope of plan. Each specific plan ordinance shall include such regulatory texts and maps necessary to provide the regulations for the development, maintenance and use or the subject real property in compliance with the policies and programs of the General Plan. Each plan shall specify clearly how and to what extent such plan is to supplement or supersede any adopted ordinances, regulations or standards. Where not otherwise addressed by a specific plan, all currently adopted ordinances, regulations and standards of the City of Laguna Woods are applicable.

b.

Coordination with others. When a specific plan ordinance is intended to include items and issues that are not within the normal purview of the Planning Agency, the prepared of the plan shall consult with such persons and organizations deemed appropriate to ensure orderly implementation of the specific plan.

c.

Designation on Zoning Map. Adoption of a specific plan ordinance shall also include adoption of an appropriate Zoning District Map. The Zoning District Map shall not indicate zoning for the area within a specific plan but shall denote the boundaries and assign a name to such specific plan with notation in a legend. Thereafter, all land use, development and improvements shall conform to the provisions of the adopted specific plan.

(6)

Amendments. Any specific plan may be amended by the same procedure as the plan was adopted. Any adopted specific plan may also be repealed by the same procedure as the plan was originally adopted. Prior to the adoption of a resolution or ordinance to repeal and discontinue a specific plan, the City Council shall find that the plan is no longer necessary for the orderly and systematic implementation of the General Plan. Where a specific plan has been adopted by ordinance, the repealing ordinance shall include provisions for the application of appropriate zoning to the area covered by the repealed plan. A specific plan amendment may be initiated by the owner(s) of subject property per the procedures for zone changes in Section 13.24.120, zoning code amendment and zone changes.

(Ord. No. 03-03, § 5(18.50.300), 4-16-2003)

State Law reference— Specific plans, Government Code § 65450 et seq.

(a)

All Zoning Code amendments and zone changes shall be adopted in compliance with the provisions and procedures of this section and applicable sections of the Government Code.

(b)

A Zoning Code amendment may be initiated by the City Council or the Planning Commission, only in such cases that a separate body from the City Council is designated as such in accordance with State law. A zone change application may be initiated by the City Council or the Planning Commission, only in such cases that a separate body from the City Council is designated as such in accordance with State law, or the owner(s) of the subject real property.

(1)

Zoning Code amendment. All ordinances that change any of the language or provisions of this Code are Zoning Code amendments. Whenever a Zoning Code amendment is initiated, the Director and/or City Legal Counsel shall prepare an exhibit, including proposed language and terminology, and any additional information and documents deemed necessary for the approving authority to take action. Such exhibit shall be available for public inspection in the appropriate City offices and shall be supplied, at cost, to all persons desiring a copy, at least ten days prior to the scheduled approving authority's public hearing date.

(2)

Zone changes. Any ordinance that reclassifies property from one zoning district to another zoning district (i.e., change the zoning district map), and any adoption of or revision to a planned community or specific plan text, zoning map, or statistical summary is a zone change.

a.

Zone change applications.

1.

Filing instructions. Whenever the owner of any real property desires a reclassification of his property, he may submit an application for a change of zone to the Director. Each application shall be filed with the Director on a form prescribed by and with all documents and information required by the Director. The Director shall provide written filing instructions and required forms at no charge to any person requesting such instructions.

2.

Application to be signed by owner. All applications shall be signed by the owner of record of the real property proposed to be rezoned, except as otherwise provided, as follows:

(i)

In application may be signed by an agent for the property owner when a statement, signed by the property owner, specifically authorizing the agent to represent him, is submitted with the application.

(ii)

When the property proposed to be reclassified is owned by a company or organization, the application may be signed by an officer of such company or organization authorized to sign the application.

(iii)

When some or all of the property proposed to be reclassified is owned in common by two or more persons, the application may be signed by a person duly authorized by the common owners to represent them in such application.

(iv)

When a portion of a planned community has been developed and sold to ultimate property owners, and such property is included within the application, the owner/developer of the remaining undeveloped land may sign the application. In such instance, the applicant shall include, in addition to the required mailing list, the names, addresses and envelopes for all owners whose property would be rezoned if the application is approved.

(v)

When a zone change is initiated by the City, the property owner's signature is not required.

3.

Submittal of application. When an application for a change of zone has been submitted, the Director shall determine whether such application is complete and shall transmit such determination to the applicant. In the event the application is determined to be incomplete, the Director shall specify those parts of the application that are incomplete and shall inform the applicant, in writing, the manner in which they can be made complete.

4.

Acceptance of application. No application for a change of zone shall be accepted for processing by the Director until a determination has been made that the application and all accompanying information is complete and in compliance with the filing instructions.

b.

Zoning conditions. A zoning ordinance may include conditions requiring a dedication of real property, installation of facilities and improvements, special development standards, additional review requirements, and other requirements deemed necessary to protect the public health and welfare and to provide assurance that the subject property will be used in compliance with the intent of the General Plan and the Zoning Code.

c.

Filing fee. The cost of processing, notification, publication and distribution for each zone change application and resultant zoning ordinance shall be paid by the property owner or his agent in accordance with policy established by resolution of the City Council.

d.

Incremental deposit requirements. The Director may establish incremental deposit requirements commencing with the application submittal. Upon termination or completion of the application, a final accounting of total costs expended by the City to process and finalize the application shall be made and forwarded to applicant who shall pay any deficiency or who may request a refund in the case of a previous overpayment.

(3)

Zoning ordinance procedure. The following procedures assume that the Planning Commission is a separate body from the City Council. Where the City Council and Planning Commission are the same body, Subsection (3)c and (3)d only apply.

a.

Planning commission hearing. The Planning Commission shall hold a public hearing for all proposed zoning ordinances except those that do not affect the permitted uses of real property within the City. The Planning Commission may take action or may continue the public hearing to a specified date. The Planning Commission action shall be to recommend to the City Council that the proposed zoning ordinance be approved, disapproved, or conditionally approved. The Planning Commission may also act to withdraw a proposed zoning ordinance without a public hearing with the concurrence of the applicant.

b.

Transmittal to City Council. The recommendations of the Planning Commission together with the findings and additional documents and information shall be transmitted to the City Council. In the case of a recommendation by the Planning Commission for the disapproval of a change of zone, the application shall be transmitted to the City Council only upon written request of the applicant. Such written request shall be submitted to the Director within 15 calendar days after the Planning Commission action. Failure of the applicant to submit such a request within 15 calendar days shall result in termination of the case, and the action of the Planning Commission shall thereafter be final.

c.

City council hearing. The City Council shall hold at least one public hearing for each proposed zoning ordinance. The City Council may take action, may continue the public hearing to a specified date, or may refer the proposed zoning ordinance back to the Planning Commission or Director. The action of the City Council shall be to approve, disapprove, or conditionally approve the request or proposal of the applicant or initiator and to adopt such ordinance as it finds appropriate and consistent with its findings. The City Council may also act to withdraw a proposed zoning ordinance without a public hearing, with the concurrence of the applicant.

d.

Publication after adoption and effective date of nonurgency ordinances. Within 15 calendar days after adoption of a zoning ordinance by the City Council, the ordinance shall be published in a newspaper of general circulation in the City. The ordinance will then become effective 30 calendar days after adoption by the City Council.

1.

Code amendments. When the zoning ordinance is a Code amendment, the amendment, as adopted, shall be published. However, if the amendment is lengthy or complex, a summary of the amendment may be published, at the option of the City.

2.

Zone changes. When the zoning ordinance is a zone change, the ordinance and the Zoning District Map shall be published. If the ordinance adopts a complex zone change, such as a planned community or amendment, or a specific plan or amendment, the publication shall include either the textual portion of the zone change or a summary of the zone change, at the option of the City.

(Ord. No. 03-03, § 5(18.50.200), 4-16-2003)

State Law reference— Amendments, Government Code § 65853 et seq.