Lake Forest City Zoning Code
CHAPTER 9
184 DISCRETIONARY PERMITS
§ 9.184.010 Discretionary permits and procedures.
A.
All permits included within Section 9.184.020 are discretionary permits. A discretionary permit is a permit issued or approved by the City of Lake Forest 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. A discretionary permit may have more restrictive site development standards than stated in a zoning ordinance in order to make the required findings per Section 9.184.040(E). Conversely, a discretionary permit may have less restrictive site development standards if allowed by the zoning ordinance for a planned community or specific plan and if the required findings per Section 9.184.040(E) can be made.
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 are 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 Section 9.208.010, "Enforcement provisions," shall be applicable.
§ 9.184.020 Types of permits.
A.
Feature Plans. A feature plan is a plan which conceptually describes, graphically and/or in writing, a proposed development for an identified and relatively large area of real property. The purpose of a feature plan is to describe how significant natural and man-made features will be preserved or developed and how large-scale planning issues of special concern (e.g., traffic) will be addressed. All subsequently adopted discretionary permits (e.g., area plans) and subdivision maps shall be consistent with the feature plan.
Feature plans shall be processed initially to the City Council per Section 9.184.040(C), "Public Hearings." The Planning Commission shall be the approving authority for feature plan amendments, except when the commission finds that an amendment application proposes a change in policy from the originally approved feature plan, such amendment application shall be acted upon by the City Council.
After the date of final determination and after compliance with Section 9.184.040(G), "Revised Plans," the policies and concepts of an approved feature plan shall be applicable to the property included within the boundaries of the feature plan until such time as the feature plan is amended or the applicable zoning regulations are revised so that the feature plan is no longer valid. All grading, development and improvements shall be in substantial conformance with the currently approved feature plan.
B.
Area Plans. An area plan is similar to a feature plan except that an area plan contains relatively more detailed information and addresses a relatively smaller area of real property. A feature plan may or may not be required prior to the approval of an area plan. An area plan for a planned community or specific plan may have less restrictive site development standards if allowed by the enabling ordinance.
Area plans shall be processed per Section 9.184.040(C), "Public Hearings." The Planning Commission is the approving authority for all area plan applications and amendments.
After the date of final determination and after compliance with Section 9.184.040(G), "Revised Plans," an approved area plan shall be applicable to the development of all real property included within the boundaries of such area plan until such time as it is amended or rendered invalid by amendment of the zoning regulations or feature plan applicable to the property. All grading, development and improvements shall be in substantial conformance with the provisions of the currently approved area plan.
C.
Use Permits. 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 of magnitude of the use vis-à-vis the sensitivity of the subject site or surrounding community.
A use permit is a precise plan of development and shall include the following:
1.
A description of the use(s) and operating characteristics.
2.
A plot plan showing the location of all uses.
3.
Supplementary exhibits, as necessary, to show other information which may be required such as building elevations, landscaping, and grading.
4.
Conditions of approval.
Use permits shall be processed per Section 9.184.040(C), "Public Hearings." If the land use regulations of a planned community or a specific plan allow a use permit to modify the site development standards to be less restrictive than otherwise stated in the enabling ordinance, such a use permit shall always require a public hearing before the Planning Commission per Section 9.184.040(C).
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.
D.
Site Development Permits. The purpose of a site development permit is to ensure that new development conforms to the development and design provisions of the Zoning Code. Site plans are included within the term "site development permit." A site development permit is required for all projects which involve building construction except the following:
1.
Individual single-family dwellings on existing single-family lots and alterations to single-family dwellings or associated accessory structures, unless a site development permit is otherwise required.
2.
Minor modifications to an existing structure, which the director determines will not result in a significant change in exterior appearance.
3.
Accessory structures and building additions under 500 square feet in floor area.
A site development permit is also required to permit land uses as specified in the zoning code. Uses which 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.
A site development permit is a precise plan of development and shall include the same elements described in subsection C above for use permits.
A site development permit shall be processed per Section 9.184.040(D), "Administrative action," unless the Director of Community Development determines on a case-by-case basis that the public interest would be better served by a public hearing before the Planning Commission. In such cases, the site development permit shall be processed per Section 9.184.040(C). No public hearings are required for site development permit applications for Class 1 and Class 6 wireless communication facilities or Class 5 wireless communication facilities located in nonresidential zones.
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.
E.
Variance Permits. Variances from applicable site development standards may be approved for a building site. A variance shall not be approved, and a variance application shall not be accepted which would authorize a use or activity which is not expressly authorized by the zoning regulations applicable to a specific building site.
All variance applications are processed in compliance with the provisions of Section 9.184.040(C), Public Hearings. The Planning Commission is the approving authority for all variance applications.
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. 354 § 12, 2022; Ord. 321 § 3, 2019; Ord. 316 § 3, 2019; Ord. 176 § 1, 2007; Ord. 374, 2/4/2025)
§ 9.184.030 Applications.
A.
Filing Instructions. Each application for a discretionary permit shall be filed with the Director of Community Development on a form prescribed by, and with all documents and information required by the Director of Community Development. The Director of Community Development 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 of Community Development 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 which are incomplete and shall indicate the manner in which they can be made complete.
C.
Acceptance of Applications. No application shall be deemed accepted until a determination has been made by the Director of Community Development that the application is complete and in compliance with the filing instructions.
(Ord. 321 § 3, 2019; Ord. 316 § 3, 2019; Ord. 176 § 1, 2007)
§ 9.184.040 Processing procedures.
All discretionary permit applications shall be processed in compliance with the following procedures, for any application.
A.
Combined Application. At the discretion of the Director of Community Development 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.
B.
Review by Citizens' Body. If the zoning ordinance for a planned community or specific plan requires the Director of Community Development to forward discretionary permit applications to designated citizens' body for review and comment, the Director shall do so at least 21 calendar days prior to final action by the approving authority. However, if the citizens' body responds in less than 21 days, the approving authority may take final action if all other public notification requirements have been satisfied. Failure of such citizens' body to respond shall not necessarily delay action on the permit.
C.
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.
1.
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.
2.
Public Notice Requirements. In addition to Section 9.184.040(B), not less than 10 calendar days prior to the hearing, the Director of Community Development shall:
a.
Prepare a public notice which includes the date, time and place of the hearing, the application number, the applicant's name, the location of the property affected, and a description of the use proposed.
b.
Mail or deliver the notice of the hearing to:
i.
The owner of the subject real property or to his authorized agent.
ii.
The project applicant.
iii.
Each local agency expected to provide water, sewage, street, roads, schools, or other essential facilities or services to the project, whose ability to provide these facilities and services may be significantly affected.
iv.
All owners of real property as shown on the last equalized assessment roll within 300 feet of the subject real property. (If the number of owners to whom notice would be mailed is greater than 1,000, the Director may instead place a display advertisement of at least one-eighth page in a newspaper of general circulation at least 10 days prior to the hearing.)
c.
Publish a legal notice in a newspaper of general circulation or post a notice in two public places in the county and in one place at the subject site.
d.
Any other notice required by law.
D.
Administrative Action. Discretionary permits processed per this subsection shall be acted upon administratively. Where the approving authority is not otherwise specified, the Director of Community Development shall be the approving authority. A public hearing or public notification shall not be required, except per Section 9.184.040(B). For wireless communication facility permit applications for Class 4, Class 7, and Class 8 wireless communication facilities, there are no public hearing or public notification requirements.
E.
Findings.
1.
Discretionary Permits. The following findings shall be made by the approving authority prior to the approval of any discretionary permit:
a.
General Plan. The use or project proposed is consistent with the General Plan.
b.
Zoning Code. The use, activity or improvement(s) proposed by the application is consistent with the provisions of the Zoning Code.
c.
CEQA. The approval of the permit application is in compliance with the requirements of the California Environmental Quality Act.
d.
Compatibility. The location, size, design, and operating characteristics of the proposed use will not create significant noise, traffic or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity.
e.
General Welfare. The application will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
f.
Development Fees for Provision of Public Facilities. One of the following findings shall be made:
g.
The project has been reviewed in accordance with Citywide Design Guidelines and is consistent with the purpose and intent of the guidelines.
2.
For Variance Applications. In addition to the findings required by paragraph 1 of this subsection, the following findings shall be made by the approving authority prior to the approval of any variance application:
a.
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.)
b.
No Special Privileges. Approval of the application will not constitute a grant of special privileges which 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.
3.
Modified Development Standards. If the land use regulations of a planned community or specific plan allow a discretionary permit, other than a variance permit, to modify the site development standards to be less restrictive than otherwise stated in the enabling ordinance, the following finding shall be made in addition to subsection (E)(1) above:
"The alternative development standard(s) will result in an equivalent or better project in terms of adverse impacts and public benefits to the immediate and surrounding community."
4.
New Use Allowed. Where the enabling ordinance authorizes a discretionary permit to allow a principal use not specifically identified as permitted or prohibited, the following additional finding shall be made in addition to paragraph above:
"The proposed use is consistent with the purpose and intent of the (name) district/planning area."
F.
Action by the Approving Authority.
1.
The approving authority may take one of the following actions for each application:
a.
Approval. There are no conditions or requirements other than those specified by the application. After the date of final determination and after compliance with Section 9.184.040(G), "Revised Plans," the proposed project may be established in compliance of all applicable regulations and with the provisions of the application approved.
b.
Disapproval. When a use permit or site development permit application has been disapproved, an application for the same or a similar use on the same property shall not thereafter be accepted for a period of one year from the date of final determination, except that the approving authority may specify that, if the action is due to details or technical issues, this time limit shall not apply. This limitation is not applicable to other discretionary permits.
c.
Conditional Approval. 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 Section 9.184.040(G), 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.
d.
Withdrawal. With the concurrence of or at the request of the applicant, any discretionary permit application may be withdrawn. When an application is withdrawn, such action is effective immediately and is not subject to appeal. Thereafter, such application shall be null and void and the property shall have the same status as if no application had been filed.
2.
Timeliness. If an action has not been taken by the approving authority within one year from the date the application was accepted per Section 9.184.030(C), such application is considered to be approved. However, the applicant may request an extension of time up to 120 days. This time limit period is not applicable with regard to the time in which the City Council may act on an appeal.
3.
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.
4.
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.
G.
Revised Plans. When the approving authority approves an application for any discretionary permit, except for a site development permit for Class 1 and Class 6 wireless communication facilities or Class 5 wireless communication facilities located in non-residential zones, 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 of Community Development and found by the Director or designee to be consistent with the action of the approving authority. If such revision is not submitted within 60 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 of Community Development may grant one extension of time of an additional 60 days if it is requested and justified by the applicant.
H.
Changed Plans. Plans that are changed from that approved by the approving authority may be submitted to the Director of Community Development. 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 approve the changed plan without further compliance with Section 9.184.010.
(Ord. 354 § 13, 2022; Ord. 321 § 3, 2019; Ord. 316 § 3, 2019; Ord. 176 § 1, 2007; Ord. 211 § 2, 2010)
§ 9.184.050 Fees.
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 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 of the City Council. When different types of permits are combined per Section 9.184.040(A), the type of permit application requiring the highest fee shall be the applicable fee for the combined application.
A.
Waiver of Fees. The filing fee shall be waived for an application filed by any city, 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.
B.
Refund of Fee. The Director of Community Development may refund a filing fee in whole upon a determination that the application was erroneously required or filed. He or 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. 321 § 3, 2019; Ord. 316 § 3, 2019; Ord. 176 § 1, 2007)
§ 9.184.060 Period of validity, establishment and expiration.
A.
Period of Validity. The period of validity shall begin on the date of final determination as set forth in Section 9.184.040(F)(4).
B.
Establishment.
1.
A discretionary permit shall be deemed established if, during theperiod of validity:
a.
In the case of a discretionary permit where ministerial permits are required, such permits are obtained, but only to the extent authorized by such ministerial permits.
b.
In the case of a discretionary permit where no ministerial permits are required, the use authorized by the permit is actually commenced. In circumstances where a certificate of use and occupancy is required, such certificate must be obtained.
c.
In the case of a permit associated with a vesting tentative map, a complete application for a building permit is filed.
(Ord. 321 § 3, 2019; Ord. 316 § 3, 2019; Ord. 176 § 1, 2007)
§ 9.184.070 Revocation.
A.
Grounds for Revocation. Any discretionary permit may be revoked by the approving authority or the City Council pursuant to the provisions of this section on any of the following grounds:
1.
Such approval was based on inaccurate or misleading information.
2.
One or more of the conditions upon which such approval was granted or extended have been violated.
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 which 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 approving authority 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 days' notice. The notice shall state the causes for which the revocation is to be considered.
C.
Action of Approving Authority. Following the hearing, the approving authority 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 permit is ordered, the approving authority 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.
F.
Approving Authority. If the approving authority which granted a permit is no longer in existence or no longer issues such permits, the authority which would issue such permit at the time revocation is to be considered shall be the "approving authority" as that term is used in this section. If the discretionary permit was approved administratively by the Director of Community Development, the approving authority for the revocation shall be the Planning Commission.
§ 9.184.080 Amendments.
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.
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. 321 § 3, 2019; Ord. 316 § 3, 2019; Ord. 176 § 1, 2007)