The planned development permit procedure is intended to protect the integrity and character of the residential, commercial, and industrial areas of the city through the application of the provisions of this chapter consistent with the general plan. At the time of application submittal, a review of the location, design, configuration, and impact of the proposed use shall be conducted by comparing the use to established standards and design guidelines. These standards/guidelines are intended to allow for nontraditional or unique site plan design, if found appropriate by the commission. This review shall determine whether the permit should be approved by weighing the benefit(s) to the community against the resulting negative impacts.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An application for a planned development permit shall be filed in a manner consistent with the requirements contained in chapter 9.55 (Applications and Fees).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

A planned development permit shall be required for all applicable structures and uses permitted by this code; however, none shall be required for alterations to an existing single-family structure. Specifically, a permit shall be required under the following circumstances:

(a)

For a new structure or use listed as subject to a planned development permit in the applicable zoning district.

(b)

Expansion or conversion of an existing structure or use.

(c)

For the enlargement or exterior alteration of an existing structure for which a planned development permit has not been issued, excluding existing single-family structures.

(d)

For the movement and/or relocation of any structure, including factory-built and manufactured housing, to any parcel within the city.

(e)

For the expansion of a legal nonconforming structure for which a planned development permit has not been issued (the structural dimensions [i.e., setbacks, height, parcel coverage, etc.] related to the expansion shall comply with the provisions of this code).

(f)

For the rebuilding/replacement of a destroyed/demolished legal nonconforming structure for which a planned development permit has not been issued (the original structure, or portion thereof, may be rebuilt to its former footprint [i.e., setbacks, heights, parcel coverage, etc.], if granted a planned development permit).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Each planned development permit application shall be analyzed to ensure that the application is consistent with the intent and purpose of this chapter. To ensure effective implementation of general plan policies relating to design guidelines, each application for a planned development permit shall be reviewed by the design review committee prior to approval by the applicable review authority. Additionally, each application which may involve any grading shall require the submittal of preliminary grading plans for review and recommendation by the city engineer and approval by the commission.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Upon receipt in proper form of a planned development permit application, a hearing shall be set and notice of the hearing given in a manner consistent with chapter 9.56 (Hearings and Appeals).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Following a hearing, the appropriate review authority, as outlined in Figure 1 of chapter 9.40.005, shall record the decision in writing and shall recite therein the findings upon which the decision is based. The review authority may approve and/or modify a planned development permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to mitigate project-related adverse impacts and to carry out the purpose and requirements of the respective zoning district. The review authority may approve a planned development permit, only if all of the following findings are made:

(a)

That the proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of this code, including prescribed development standards and design guidelines.

(b)

That the subject site is physically suitable for the type and intensity of the land use being proposed.

(c)

That the proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area.

(d)

That the proposed development is harmonious and compatible with the land uses presently on the subject property.

(e)

That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed development is not detrimental to public health and safety.

(f)

That there is adequate public access to serve the proposed development.

(g)

That there are no significant harmful effects upon the environmental quality and natural resources.

(h)

That the negative impacts of the proposed development shall be mitigated.

(i)

That the proposed development is consistent with the general plan.

(j)

That the location, size, design, and operating characteristics of the proposed development are not detrimental to the public interest, health, safety, convenience, or welfare of the city.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Within one year of planned development permit approval, commencement of construction shall have occurred or the permit shall become null and void.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

No permit shall be issued for any use involved in an application for approval of a planned development permit until, and unless, the same shall have become final, pursuant to section 9.56.040 (Effective Date).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

An approved planned development may be modified pursuant to chapter 9.55 (Applications and Fees). Minor modifications to an approved planned development may be approved by the director, pursuant to chapter 9.44 (Minor Modifications).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The review authority may, upon an application being filed 30 days prior to expiration and for good cause, grant a time extension not to exceed six months. Upon granting the extension, the review authority shall ensure that the planned development permit complies with all current Code provisions.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The review authority may hold a hearing to revoke or modify a planned development permit granted pursuant to the provisions of this chapter. Fifteen days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the planned development permit was granted. Notice shall be deemed delivered two days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of Orange, and/or the project applicant.

A planned development permit may be revoked or modified by the review authority if any one of the following findings can be made:

(a)

That circumstances have changed so that one or more of the findings contained in section 9.47.030 can no longer be made.

(b)

That the planned development permit was obtained by misrepresentation or fraud.

(c)

That the use for which the planned development permit was granted had ceased or was suspended for six or more consecutive calendar months.

(d)

That one or more of the conditions of the planned development permit have not been met.

(e)

That the use is in violation of any statute, ordinance, law, or regulation.

(f)

That the use permitted by the planned development permit is detrimental to the public health, safety, or welfare or constitutes a nuisance.

(Ord. No. 98-193, §§ 1—4, 10-19-98)