Orange City Zoning Code
CHAPTER 17
08 GENERAL ADMINISTRATIVE PROCEDURES
§ 17.08.010 Purpose and Intent.
The purpose and intent of this chapter is to set forth the general provisions established by the City of Orange for the administration of the zoning ordinance and the implementation of general plan goals. The provisions outlined and set forth in this chapter are established generally for all administrative procedures.
(Ord. 12-95)
§ 17.08.020 Reviewing Bodies.
There are five reviewing bodies established to administer the provisions of the zoning ordinance and general plan. These five reviewing bodies have authority to make decisions and/or recommendations for applications as outlined in Table 17.08.020:
Table 17.08.020 | |||||
|---|---|---|---|---|---|
Type of Procedure, Permit or Hearing | CDD | DRC | ZA | PC | CC |
Administrative Design Review | X(1) | ||||
Administrative Adjustment Permit | X | ||||
Alcohol Production Permit | X | ||||
Conditional Use Permit | A | A(1) | X(1) | X(1) | X(1) |
Design Review | A/X(1) | X(1) | |||
Environmental Documentation | A | X(1) | X(1) | ||
General Plan Amendment | A | A | X | ||
Neighborhood Preservation Overlay Applications | A/X(1) | X(1) | |||
Director Administrative Interpretations | X | ||||
Old Towne Demolition Permit | A | X(1) | X | ||
Reasonable Accommodation | X(1) | ||||
Site Plan Review—Major | A | A | X | ||
Site Plan Review—Minor | X | ||||
Sober Living Permit | X | ||||
Temporary Use (Non-Recurring) Permit | A | X(1) | X(1) | ||
Temporary Use (Recurring) Permit | X | ||||
Tentative Parcel Map | X(1) | X(1) | X(1) | ||
Tentative Tract Map | A | A | X | ||
Variance | A | A(1) | X(1) | X | |
Zone Change | A | A | X | ||
Zoning Ordinance Amendment | A | A | X | ||
Key: |
|---|
CDD = Community Development Director |
DRC = Design Review Committee |
ZA = Zoning Administrator |
PC = Planning Commission |
CC = City Council |
A = Advisory |
X = Final project determination |
(1) = Restricted to certain applications |
NOTES: | |
|---|---|
(a) | All items may be finally decided by the City Council upon appeal. |
(b) | When more than one type of application is filed for a single project, the application requiring the highest level of approval shall dictate the review process for the entire group of applications. |
The five reviewing bodies are established and described as follows:
A.
City Council. The City Council is established through the incorporation of the City and has final review of all matters relating to planning and zoning.
B.
Planning Commission. The Planning Commission is established through the provisions of Title 2, Chapter 2.64 of this code.
1.
Purpose.
a.
To make land use decisions in accordance with state law, that are consistent with City's general plan goals and policies as formally adopted by the City Council.
b.
To provide technical and advisory assistance to the City Council regarding land use matters.
c.
To assist in formulating development policy.
d.
To make environmental assessments in accordance with California Environmental Quality Act (CEQA) provisions and the City's environmental review guidelines.
e.
To encourage the preservation of cultural historic resources, while allowing for orderly and compatible development.
2.
Powers and Duties. The Planning Commission shall have all the powers and duties of a Board of Adjustment pursuant to Section 65901 of the Government Code of the State in appropriate cases and, subject to appropriate conditions and safeguards.
a.
Authority to hear and decide:
i.
Applications for conditional use permits with the exception of those made to the Zoning Administrator pursuant to Section 17.10.030(E);
ii.
Applications for variances with the exception of those made to the Zoning Administrator pursuant to Section 17.10.040(D);
iii.
Applications for major site plan review;
iv.
Applications for negative declarations and mitigated negative declarations;
v.
Applications for design review for those projects requiring Planning Commission approval of a land use permit or environmental documentation (as described in the City's environmental review guidelines), including development projects within the Old Towne Historic District, and replacement structures in conjunction with demolition permits within the Old Towne Historic District.
b.
Authority to review and make recommendations to the City Council:
i.
Applications for zone changes and zone ordinance amendments;
ii.
Applications for land divisions—tentative tract maps;
iii.
Applications for general plan amendments;
iv.
Conditional use permit applications as listed in Section 17.10.030(D);
v.
Environmental documentation including environmental impact reports (EIRs), negative declarations and mitigated negative declaration as described in the City's environmental review guidelines.
c.
Authority to act upon an appeal of any order, requirement, permit, decision or determination made by an administrative or appointed official or body such as the Community Development Director, Zoning Administrator or Design Review Board in the administration or enforcement of this chapter.
d.
In exercising the powers given by this chapter, the Planning Commission may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination previously rendered by the Planning Commission.
3.
Meetings.
a.
The Planning Commission shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held in accordance with Section 2.64.040 of this code at the call of the Chairperson and at such other times as the Commission may determine. All meetings shall be open to the public.
b.
The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its own examinations and other official action, all of which shall be a public record and be immediately filed in the office of the Community Development Department.
c.
In the event of a tie vote, the matter upon which such vote is being cast shall fail, which shall have the effect of a denial or recommendation of denial, as appropriate. Alternatively, the Planning Commission may approve a "resolution of no decision" to the City Council. In the case of an appeal, a tie vote shall constitute a denial of the appeal, which shall have the effect of affirming in whole the determination of the lower body.
C.
Zoning Administrator. The Zoning Administrator is appointed to perform certain duties as described below pursuant to the authority granted to municipalities by the State Planning Act. The City Manager shall appoint the Zoning Administrator and determine qualifications for the office.
1.
Purpose.
a.
To provide a method by which minor adjustments from ordinance requirements may be permitted without the necessity of the delays incident to the setting of such matters for public hearing before the Planning Commission;
b.
To relieve the Planning Commission from the performance of certain functions of a more routine nature which tend to divert this body from the planning and major zoning functions entrusted to the Commission by the Orange Municipal Code and the laws of the State; and
c.
To provide more expedient service to the citizens of the City and to those persons desiring to develop projects within the City through the reduction of the time necessary to consider minor adjustments from ordinance requirements.
2.
Powers and Duties. The Zoning Administrator shall have authority to grant administrative adjustment permits as provided for herein and to hear and grant applications for certain variances, conditional use permits and other matters more particularly specified in Chapter 17.10. The Zoning Administrator shall have the following additional duties and authority:
a.
Authority to make a declaration as to what constitutes the front of a lot;
b.
Authority to permit the use of a mobile home for temporary office and/or storage use in commercial and industrial zones in accordance with policy set forth in City Council Resolution No. 3252. This authority does not extend to temporary construction trailers;
e.
Decide upon administrative adjustments.
3.
Meetings. The Zoning Administrator shall adopt rules and regulations to govern the procedures at public meetings within his or her jurisdiction and to set a time for such meetings. All public hearings shall be held in the Council Chambers of the City Hall and shall be open to the public.
D.
Design Review Committee. The Design Review Committee is established to uphold community aesthetics. Recognizing that the inclusion of specific aesthetic development standards is impracticable due to the variable nature of architectural concepts, construction materials and aesthetic goals from one time period to another and from one neighborhood to another, it is in the public interest to establish an authority for project review.
1.
Purpose.
a.
To review development projects, by considering the elements of architectural design, massing and scale, color palette, context, landscaping and signage to ensure that projects are compatible with surrounding development and community aesthetics;
b.
To interpret and apply adopted design guidelines and standards;
c.
To assist in formulating design policy;
d.
To encourage the preservation of cultural historic resources, while allowing for orderly development.
2.
Powers and Duties. The Design Review Committee shall have the authority to:
a.
Make final determination on signs and sign programs in accordance with Chapter 17.36 of this code;
b.
Make final determination on architectural and landscaping design matters for minor site plan review applications when referred by Community Development Director;
c.
Make final determination on architectural and landscaping design matters for external remodeling of commercial, industrial, institutional and large scale multiple-family developments, except for minor site plan review projects acted upon by the Community Development Director;
d.
Make final determination on architectural and landscaping design matters for projects in the Old Towne Historic District, when no Planning Commission review is otherwise required;
e.
Review and make recommendations to the Planning Commission on architectural and landscaping design matters for all development projects and proposed demolitions requiring Planning Commission recommendation or approval;
f.
Make final determination on design review of applications for additional bedrooms or bathrooms in a historic district pursuant to Section 17.28.080(D)(1)(a);
g.
Review and make recommendations to the Zoning Administrator on applications for additional bedrooms or bathrooms in a historic district pursuant to Section 17.28.080(D)(1)(b).
3.
Meetings.
a.
The Design Review Committee shall meet in regular session on dates and at times to be determined from time to time by resolution of the City Council. All meetings shall be open to the public, and provisions of the Brown Act shall apply.
b.
Committee members shall be compensated for each meeting as determined by resolution of the City Council.
c.
Four members shall constitute a quorum. A majority vote of the quorum present shall be required for all Committee actions. Failure to achieve a majority vote of members present shall constitute a denial of the proposed action.
4.
Membership.
a.
The Design Review Committee shall consist of seven members of the public. Committee members shall be persons who, as a result of their training, knowledge and experience, are qualified to analyze and interpret architectural and site planning information, including, but not limited to, licensed landscape architects and architects, urban planners, engineers, and licensed general contractors. At least two of the members shall have professional experience in urban planning, architectural history or historic preservation and shall have general knowledge of architectural styles prevalent in the Historic Districts.
b.
Appointed members of the Committee shall live or work in the City and shall be appointed for four-year terms.
c.
Staff expertise in historic preservation and landscaping shall be available as a resource to the Committee;
5.
Officers/Terms of Office.
a.
Officers shall consist of a Chairperson and Vice-Chairperson, both of whom shall be selected by the members of the Committee.
b.
The terms of office for each member of the Committee shall continue to and include June 30th of the year in which the term shall expire, and thereafter until a successor for the member whose term is expiring has been appointed.
6.
Rules and Regulations. The Design Review Committee shall adopt and amend, by the affirmative vote of three members, rules and regulations for the conduct of the Committee's business consistent with this chapter subject to approval by the City Council.
E.
Community Development Director. The Community Development Director, in conjunction with a staff review committee designated by the City Manager, shall review development proposals in order to ensure that yards, open space, structures, parking, loading facilities, landscaping, streets and similar uses and the development of the land remain compatible with surrounding properties reflecting the highest quality of land planning and design.
1.
Powers and Duties. The Community Development Director, after consultation with appropriate staff as determined by the Director, shall have the authority to:
a.
Decide upon minor site plan applications;
c.
Review and make recommendations to the Planning Commission on major site plans and other discretionary applications as specified in Chapter 17.10;
d.
Consider minor modifications to previously approved site plans and determine whether such modifications are in substantial conformance with the approved plans;
e.
Review and make recommendations to the City Planning Commission on environmental documentation and all duties defined in the City's environmental review guidelines;
f.
Decide upon sober living permits;
g.
Decide upon reasonable accommodation requests;
h.
Decide upon temporary use (recurring) permits;
i.
Decide upon the conformity of unlisted uses to the zoning district and similar uses pursuant to Section 17.13.070;
j.
Decide upon applications to install walls and fences within five feet of one another pursuant to Section 17.12.070(A)(1)(a);
k.
Decide upon Neighborhood Preservation Overlay District applications pursuant to Section 17.28.080(C);
l.
Decide upon deviations from required number of parking spaces for nonresidential land uses pursuant to Section 17.34.060;
n.
Decide upon density bonus applications and review, approve and execute density bonus housing agreements, with concurrence of the City Attorney.
(Prior code 17.86.050, 17.86.110, 17.92.020, 17.92.080, 17.92.120, 17.94.010, 17.94.080, 17.94.090, 17.96.020, 17.96.060, 17.96.070, 17.96.090, 17.96.100; Ord. 80-62; Ord. 13-65; Ord. 35-70; Ord. 4-74; Ord. 20-82; Ord. 4-87; Ord. 12-94; Ord. 16-94; Ord. 12-95; Ord. 15-98; Ord. 10-99; Ord. 3-02; Ord. 11-02; Ord. 3-03; Ord. 09-13, 2013; Ord. 07-20, 2020; Ord. 17-21, 2022; Ord. 10-22, 2022; Ord. 01-23, 2023; Ord. 05-24, 4/23/2024; Ord. 18-24, 7/23/2024; Ord. 18-24, 7/23/2024)
§ 17.08.030 Applications.
A.
Application Form Required. Applications for all activities related to the zoning ordinance which require a public hearing by one or more of the reviewing bodies established in Section 17.08.020 shall be filed with the Planning Division upon the forms which are required by the Planning Division.
B.
Initiation of Application. Applications may be initiated by the City Council, Planning Commission, and owners or authorized agents of real property affected by the proposed amendment or action.
C.
Contents of Applications. Applications shall include the following:
1.
Witness of the signature of the landowner by a notary public or city staff;
2.
A legal description and street address of the site;
3.
A list of all property owners, including addresses, within 300 feet of the site subject to the application. The person preparing the list must certify that the list was prepared in accordance with the latest equalized assessment roll, or more recent records as may be obtained from the County Assessor or Tax Collector;
4.
A list of the reasons justifying an approval of the application;
5.
A fully dimensioned site plan showing proposed building size(s) and use(s), circulation, parking, and landscaping; and
D.
Additional Data. Additional data and information may be required at the discretion of the Planning Division.
E.
Completeness Determination. Within 30 days of receipt of an application for a development project, the Community Development Director shall make a determination and notify the applicant as to whether the application is complete.
F.
Withdrawal of Application and Refund of Filing Fees. If an application is withdrawn prior to advertising for the public hearing, an applicant shall be entitled to a full or partial refund of filing fees. The full fee amount may be refunded only if an application is withdrawn prior to the mailing or publishing of any public notice regarding the project, and if no staff time has been expended.
G.
Inactive Applications. If an application is inactive for a period of three months or more, it shall be deemed to have expired, and all processing will be terminated. For the purpose of this section, "inactive" shall mean that an applicant has not responded to a city request for additional information or plans.
H.
Limits on Reapplication. Applications which are denied shall not be resubmitted for review until a period of at least six months has passed, unless the development proposed by the application is substantially different from the application which was denied.
I.
Modifications to Previously Approved Projects. A project proponent may request a modification of a previously approved project as follows:
1.
Any modification to a condition of approval shall be reviewed and approved by the same process as required for the original application.
2.
Any modification to a previously approved project, when such modification requires separate approval through one of the procedures listed in Table 17.08.020, and when such modification is requested either prior to completion of initial construction, or within two years of the original project approval, shall be reviewed and approved by the same process as required for the original approval. In the event the modification requires a higher level of approval than that of the original application, then the original approving body shall act as an advisory body, and the application and hearing process shall occur in accordance with the provisions of Chapter 17.10.
3.
Any modification to a previously approved project, when such modification requires separate approval through one of the procedures listed in Table 17.08.020, and when such modification is requested subsequently to the time frames outlined in Section 17.08.030(I)(2), shall be processed in accordance with the provisions of Chapter 17.10.
4.
Minor modifications to site plans may be considered by the Community Development Director, who may make a final determination or refer to another reviewing body for decision.
(Prior code 17.98.020, 17.98.180; Ord. 40-88; Ord. 12-95; Ord. 19-97; Ord. 3-03; Ord. 28-24, 10/22/2024)
§ 17.08.040 Notice of Hearings.
A.
General. Notice shall be given in accordance with state law and, as set forth in Table 17.08.040. The City may give notice of the hearing in any other manner it deems necessary or desirable.
Table 17.08.040 | |||
|---|---|---|---|
Type of Procedure, Permit or Hearing | Mail to Surrounding Property Owners | Publication and/or Posting | Other |
Appeal | (c) | ||
Conditional Use Permit | Yes | Post | |
Demolition Permit, Old Towne | (b) | ||
Design Review | Yes | Post | |
Development Agreement | Yes | Publish and Post | |
Environmental Impact Report | Yes | Publish and Post | (a) |
General Plan Amendment (Map) | Yes | Publish and Post | |
General Plan Amendment (Text) | No | Publish | |
Negative Declaration/Mitigated Negative Declaration | (a) | ||
Site Plan Review—Major | Yes | Post | |
Site Plan Review—Minor | No | Post | |
Tentative Tract Map | Yes | Publish and Post | |
Variance | Yes | Post | |
Zone Change | Yes | Publish and Post | |
Zoning Ordinance Amendment | No | Publish | (b) |
Administrative Adjustment | (c) | ||
Administrative Design Review | Yes | Post | |
Tentative Parcel Map | (c) | ||
Temporary Use Permit | (c) | ||
Sober Living Permit | (c) | ||
Reasonable Accommodation | (c) | ||
Alcohol Production Permit | (c) | ||
Supportive Housing | Yes | Post | (d) |
Transitional Housing | Yes | Post | (d) |
NOTES: | |
(a) | Notification shall be required in accordance with California Environmental Quality Act Guidelines and the City's Local CEQA Guidelines as determined by the highest entitlement. |
(b) | In the event the amendment affects the permitted uses of real property, owners of subject real property and surrounding properties shall be notified. |
(c) | Noticing or notification is not required. |
(d) | Only if requesting an alternative parking standard. |
B.
Noticing Requirements.
1.
For all hearings requiring public notification, the following shall apply:
a.
Property Owner. Notice of hearing shall be mailed or delivered to the owner of the subject real property or to the owner's authorized agent.
b.
Project Applicant. Notice shall be mailed or delivered to the project applicant.
c.
Request for Notification. Notice of the hearing shall also be mailed or delivered to any person who has filed a written request for the notice with either the clerk of the governing body or with another person designated by the governing body to receive such requests.
2.
For all hearings requiring notification of surrounding property owners, the following shall apply:
a.
Notice of the hearing shall be mailed or delivered to all owners of real property, as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the City may use records of the County Assessor or Tax Collector, whichever contains more recent information than the assessment roll.
b.
If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing an advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted.
3.
For all hearings requiring publication of notice, notice shall be made by publication in a local newspaper of general circulation in the City at least one time.
4.
When notice is provided through posting, notice shall be posted in at least three public places within City boundaries, including one place in the area directly affected by the proceeding.
a.
If notification is to be provided by publication, it shall occur in accordance with subsection (B)(3) above.
b.
If notification is to be provided by posting, then notice shall be posted in at least three public places within City boundaries, including one place in the area directly affected by the proceeding.
5.
Certain Actions Where Public Hearing Is Not Required. Noticing for application types not covered by state law, shall be noticed in accordance with the Table contained at Section 17.08.040 at least 10 days prior to final action on the application. These application types include Minor Site Plan and Administrative Design Review.
6.
Posting Requirements. As specified in the Community Development Noticing Procedures.
(Prior code 17.98.100; Ord. 40-88; Ord. 12-95; Ord. 15-98; Ord. 02-18, 2018; Ord. 17-21, 2022; Ord. 09-22, 2022; Ord. 28-24, 10/22/2024)
§ 17.08.050 Appeals.
A.
Right of Appeal. Any action taken by the Community Development Director, Zoning Administrator, or the Design Review Committee in the administration or enforcement of the provisions of this title may be appealed by any person aggrieved by said action or determination to the Planning Commission. Any decision of the Planning Commission may be appealed to the City Council.
B.
Appeal Stays Proceedings. Unless authorized by the Community Development Director, no permits related to the proceeding shall be issued during the pendency of the proceeding.
C.
Form and Content of Notice of Appeal. The notice of appeal shall be in writing and shall be filed in the Planning Division upon forms provided by the City. An appeal from any action in the administration or enforcement of this chapter shall provide a statement of the facts in sufficient detail to enable the appeal body to understand the nature of the controversy and indicate specifically the alleged error or abuse of discretion to be evaluated by the appeal body.
D.
Time for Filing. Any appeal shall be filed within seven business days after the hearing or action from which the appeal is made. Upon the filing of appeal, the Planning Division shall transmit a copy of the appeal to the body authorized to hear the appeal.
E.
Hearing Date and Notice. Upon receipt of an appeal, the Planning Division shall receive the appeal and thereafter set a date for the matter to be heard by the applicable reviewing body and give notice of the date, time and place of the hearing to the applicant and appellant and public notice of the hearing as required in Section 17.08.040.
1.
Hearing Date and Notice. Upon receipt of the notice of appeal, the Planning Division shall set a date for a Planning Commission hearing of the matter and give notice of the date, time and place of the hearing to the applicant and appellant. Further, the Planning Division shall give public notice of the hearing as required in Section 17.08.040 at least 10 days prior to the date of the hearing. Prior to such hearing, the Planning Division shall transmit to the Planning Commission a report of the findings and at such hearing shall present all documents on file.
2.
Authority of Planning Commission. The Planning Commission shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The Commission may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter. The Planning Commission shall transmit a copy of the decision to the applicant, appellant, and the Planning Division.
F.
Authority of Planning Commission and/or City Council. The Planning Commission and/or City Council shall consider the record and such additional information as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The Planning Commission and/or City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this Title 17.
1.
Hearing Date and Notice. Upon receipt of the notice of appeal, the City Clerk shall set a date for City Council hearing of the matter and give notice of the date, time and place of the hearing to the applicant, the appellant and the Planning Division. The City Clerk shall give public notice of the hearing as required in Section 17.08.040 at least 10 days prior to the date of the hearing. Prior to such hearing, the Planning Division shall transmit to the City Clerk a report of the findings and at the City Council hearing shall present all documents on file.
2.
Authority of City Council. The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action that was appealed. The Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this chapter. The City Council shall transmit a copy of the decision to the applicant, appellant, and the Planning Division.
(Prior code 17.86.120, 17.86.130, 17.92.090, 17.92.100, 17.92.120; Ord. 38-68; Ord. 20-82; Ord. 4-87; Ord. 12-95; Ord. 10-99; Ord. 14-00; Ord. 18-24, 7/23/2024; Ord. 28-24, 10/22/2024)
§ 17.08.060 Time Extensions.
Upon a request from an applicant, the Planning Commission may extend the period upon which to commence use or construction of the land use entitlement by a period of up to two years. The Community Development Director may further extend the period upon which to commence use or construction of the land use entitlement by a period of up to one year. The person seeking an extension from the Planning Commission and/or Community Development Director must submit a written request to the Community Development Director prior to the expiration date and at a minimum shall explain the extenuating circumstances that have delayed construction or use of the land use entitlement. A request for an extension shall not require a public hearing provided that no conditions or other requirements are added, deleted or modified. Any such changes to the land use entitlement shall be considered an amendment to the land use entitlement and require the same notice and hearing requirements as the underlying land use entitlement.
(Prior code 17.92.120; Ord. 38-68; Ord. 4-87; Ord. 12-95; Ord. 19-09, 2009; Ord. 2-14, 2014; Ord. 18-24, 7/23/2024)
§ 17.08.070 Fees.
A filing fee, as determined by City Council resolution, shall accompany any application or pre-application staff committee review, for any action taken under the provisions of this title. Any application or pre-application review by the City or any agents or representatives acting on its behalf, shall be exempted from this requirement. Such fee shall not exceed the estimated cost of providing the pre-application review.
(Prior code 17.92.050; Ord. 53-77; Ord. 20-82; Ord. 12-95; Ord. 20-07)