Hearing Required. Upon receipt of an application requesting a zone change or zoning ordinance amendment, the secretary of the Planning Commission shall set the matter for hearing not more than 60 days from the date an application is deemed complete. The Planning Commission shall hold at least one public hearing on the matter.

Recommendation to City Council. The Planning Commission shall render its decision in written form to the City Council, and the report shall include the following information:

The Planning Commission shall hear applications made for all conditional use permits with the exception of those made to the City Council or Zoning Administrator, pursuant to Sections 17.10.030(D) and (E). At least one noticed public hearing shall be held for a conditional use permit application. Also, the Planning Commission shall hear any conditional use permit application which has been submitted in conjunction with any other application subject to Planning Commission review.

The Planning Commission shall make a finding by resolution stating its authority to grant, deny or make a recommendation to the City Council regarding the conditional use permit. The granting or revocation thereof shall conform to subsections F, G, and H of this section.

Due to the nature of some specific uses, special conditions may apply beyond those outlined in this section. The special conditions, where applicable, are contained in Chapter 17.13.

Alcoholic beverage sales in conjunction with sale of motor fuel, and off-sale of alcoholic beverages in industrial zones.

Hazardous waste facility applications pursuant to Chapter 17.42.

Heliports pursuant to Section 17.13.030.

Hospital expansions or new construction pursuant to Section 17.13.050.

Planned unit development applications pursuant to Chapter 17.16.

The Zoning Administrator shall have the authority to review the following conditional use permits:

A conditional use permit shall be granted upon sound principles of land use and in response to services required by the community.

A conditional use permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.

A conditional use permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located.

A conditional use permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.

In the flood plain overlay zones a conditional use permit shall include a finding that the proposed project, alone or in combination with existing developments, will not endanger life, restrict the carrying capacity of the regulatory floodway, increase flood heights, or increase flood velocities.

A conditional use permit granted in accordance with the terms of this chapter shall be revoked if:

A conditional use permit may be revoked if any of the conditions or terms are violated, or if any ordinance or other provision of law is violated in connection with the permit.

If the use has not commenced, or if substantial construction has not begun within 24 months after the date the conditional use permit was approved. However extensions of time may be granted in accordance with Section 17.08.060;

Unless otherwise provided in subsection (I)(3), if the use has ceased to exist for more than one year;

Due to the nature of the following specified uses, if the use has ceased to exist for more than six months:

The name and address of the sponsoring business or organization;

The proposed location of the temporary use;

The name and address of the party responsible for the temporary use;

A list of communities in California where the temporary use has been previously conducted by the party responsible for the temporary use;

The number of persons who will be engaged in conducting the temporary use, if applicable;

A plot plan showing the entire property in addition to that portion of the property to be used to conduct the temporary use, including an exact description and plot plan describing the total extent of any off-street parking area which would be occupied for the purpose of conducting the temporary use;

A completed property owner affidavit; and

Such other information as shall be required by the Community Development Director.

Modular buildings used for classrooms or offices;

Outdoor storage;

Swap meets;

Other temporary uses of a similar nature as determined by the Community Development Director;

Procedure. The Community Development Director, shall serve as the initial reviewing body for nonrecurring temporary use permits. Once an application for a nonrecurring temporary use permit has been deemed complete, the Community Development Director shall consider and make a recommendation to approve, approve with conditions or deny the permit. The recommendation shall be forwarded to the Zoning Administrator. The Zoning Administrator, in reviewing the application, shall review the recommendations of the Community Development Director and shall act to approve, approve with conditions, or deny the application. Zoning Administrator action shall be deemed final;

Design Review. Nonrecurring temporary uses on properties located within the Old Towne Historic District shall require the approval of the Design Review Committee prior to the establishment of the temporary use permit.

Off-site agricultural sales, including, but not limited to, Christmas tree lots, pumpkin patches and strawberry stands;

Temporary holiday storage containers/trailers and outdoor storage containers/trailers ancillary to an existing permitted use;

Other annual, seasonal or recurring temporary uses of a similar nature as determined by the Community Development Director;

Duration. Annual, seasonal, or recurring temporary uses may be allowed for a maximum time period of six months; and

Procedure. The Community Development Director shall serve as the initial reviewing body for recurring temporary uses. Once an application for a temporary use permit has been deemed complete, the Community Development Director shall have a staff review committee, as designated by the City Manager, consider and make a recommendation to approve, approved with conditions, or deny the permit. The staff recommendation shall be forwarded to the Community Development Director or designee. The Community Development Director, in reviewing a temporary use permit application, shall review the recommendations of staff and shall act to approve, approved with conditions, or deny the application. The Community Development Director's action shall be deemed final.

Regulations of hours and days;

Requirements of bonds or other guarantees for cleanup or removal of structures or equipment;

Return of temporary use site to its original state within a specified period of time;

Regulation of permit duration;

Regulation of signs and advertising;

Regulation of lighting;

Regulation of public-address or sound system;

Regulation of gas, smoke, noise, fumes, vibrations or other nuisances;

Regulation of design features including, but not limited to, size, colors, material, architectural details and landscaping;

Referral to the Design Review Committee; and

Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.

That the temporary use permit is compatible with the various provisions of this chapter;

That the temporary use is a reasonable use of land compatible with the general plan land use designation and zoning classification;

That the temporary use will not impede the reasonable use of land, or the orderly development of land in the immediate vicinity;

The temporary use will not adversely affect the adjacent uses, buildings or other structures;

That the temporary use will not endanger the public health, safety or general welfare;

Provisions for adequate traffic access/circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity; and

That the granting of the temporary use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.

The location of accessory buildings which do not conform to the requirements of the Orange Municipal Code;

Waiver of the following building site requirements for buildings constructed on a single lot or for buildings constructed on separate parcels of land provided there are less than five lots or parcels:

Waiver of wall height requirements;

Waiver of garage location and access requirements for new residential development on a lot that is vacant or previous development is raised to accommodate new development;

Waiver of parking lot dimensional standards;

Waiver of sign requirements;

Waiver of antenna requirements for height, location, site, and setbacks, except for wireless communication facilities as defined in Chapter 17.04 of this title; and

Waiver of building frontage requirements for commercial development in the neighborhood mixed use and urban mixed use zones.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

That the variance granted shall be subject to such conditions which will assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located.

A variance granted in accordance with the terms of this chapter shall be revoked if:

A variance granted in accordance with the terms of such permit may be revoked if any of the conditions or terms are violated or if any ordinance or other provision of law is violated in connection with the variance. The Planning Commission shall hold a public hearing to determine if the terms of the variance are being violated in addition to any other ordinance or provision of law, and shall make a recommendation to the City Council. The City Council shall make the final determination on a revocation.

Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability.

The specific exception or modification to the zoning code section, policy or practice that is being requested.

An explanation that the accommodation requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the dwelling.

Any other information that the Director reasonably concludes is necessary to determine whether the findings required by this chapter can be made.

The accommodation is requested by or on the behalf of one or more individuals with a disability.

The accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.

The accommodation will not impose an undue financial or administrative burden on the City.

The accommodation will not result in a fundamental alteration in the nature of the City's zoning scheme.

The accommodation will not result in a direct threat to the health and safety of other individuals or physical damage to the property of others.

Whether the reasonable accommodation is being provided primarily to benefit individuals who are disabled.

Whether the requested reasonable accommodation will lead to an equal opportunity for a disabled individual to use and enjoy a dwelling.

Whether financial considerations make the requested accommodation reasonably necessary in light of the relevant market and market participants.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

Whether granting the requested accommodation would substantially undermine any express purpose of either the City's general plan or an applicable specific plan.

Whether the requested accommodation would create an institutionalized environment due to the number of tenants being proposed and/or the number or distance between facilities that are similar in nature or operation.

Whether it would significantly deprive any neighboring property owners of the use and enjoyment of their own properties.

A description of the request (site plans may be required);

Reasons justifying an approval of the application;

Fees as required by Section 17.08.070; and

Additional data and information may be required at the discretion of the Planning Division.

Adjustment of Required Yards and Setbacks. The Zoning Administrator may approve a reduction in the required yard within any zone as follows:

Adjustment of Wall Height Requirements. The Zoning Administrator may approve wall heights greater than permitted subject to the provisions of Section 17.12.070, up to a maximum of two additional feet.

Adjustment of Other Development Standards. Other development standards in all zones may be adjusted a maximum of 10%. Any proposed deviation in excess of this limit shall be considered a variance and shall be subject to the provisions of Section 17.10.040.

Cul-de-Sac and Knuckle Lot Frontage. The Zoning Administrator may reduce lot frontage requirements for lots fronting on cul-de-sac or knuckle streets.

On-Site Sale of Agricultural Products. The Zoning Administrator may approve the sale of agricultural products on the site where they are being grown.

That the reduction in standards will not be detrimental to the public health, safety, and general welfare of persons residing or working on the subject property or in the vicinity;

That issuance of the permit does not compromise the intent of this code.

Criteria. Any proposal meeting the criteria below may be considered a minor site plan unless the Community Development Director determines that the special circumstances relating to the project warrant review as required for major site plan review. These criteria correspond to those projects identified by the California Environmental Quality Act (CEQA) as being categorically exempt.

Procedure. The Community Development Director, pursuant to Section 17.08.020(E), shall be responsible for minor site plan review. Once an application for minor site plan review has been deemed complete, the Community Development Director shall, in conjunction with a staff review committee designated by the City Manager, consider and approve, approve with conditions, deny or refer the project to the Design Review Committee and/or the Planning Commission. A continuance may be granted upon mutual consent of the applicant and the Community Development Director. Appeals from decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050.

Criteria. Any proposal exceeding the criteria for minor site plan review shall require major site plan review.

Procedure. Community Development Director and Design Review Committee shall serve as the preliminary reviewing bodies for major site plan review. Once an application for major site plan review has been deemed complete, both the Community Development Director and Design Review Committee shall independently consider and make a recommendation to approve, approve with conditions, or deny the project. A continuance may be granted upon mutual consent of the applicant and Community Development Director. The recommendations shall be forwarded to the Planning Commission secretary for placement on the Commission's consent calendar, and shall be noticed as provided for in Section 17.08.040. Procedures for acting on consent calendar items shall be established by the Planning Commission and shall be adopted by resolution. The Commission, in considering a site plan review application, shall review the recommendations of the Community Development Director and Design Review Committee. The Commission shall act to approve, approve with conditions or deny the application. A continuance may be granted upon mutual consent of the applicant and Planning Commission. Planning Commission action shall be deemed final unless an appeal to the City Council is filed within 15 days of the decision in accordance with Section 17.08.050.

Compatibility of the Project With Surrounding Development and Neighborhoods.

Building/Site Planning Issues.

Circulation/Traffic Safety, On and Off Site.

City Services.

Environmental Protection. All projects shall be evaluated in accordance with the provisions of the California Environmental Quality Act.

A revised site plan;

Modifications of building height, bulk, mass or scale;

Increased setbacks;

Division or sound walls;

Mitigation of potential project related environmental impacts;

Increased open space;

Screening of parking areas, trash receptacles, mechanical equipment, storage areas;

Increased landscaping;

Relocation of buildings;

Revised interior circulation or parking area design;

Off-site improvements:

Revised grading plan; or

Any other changes or additions the Committee feels are necessary to further the goals of the site plan review process.

That the project design is compatible with surrounding development and neighborhoods;

That the project conforms to City development standards and any applicable special design guidelines or specific plan requirements;

That the project provides for safe and adequate vehicular and pedestrian circulation, both on and off site;

That City services are available and adequate to serve the project;

That the project has been designed to fully mitigate or substantially minimize adverse environmental effects.

Development projects requiring Planning Commission or City Council approval;

Any project requiring major site plan review;

Signs as specified in Chapter 17.36;

All projects within Old Towne or other historic districts as established, except where otherwise exempted by adopted design standards and/or adopted specific plan(s);

External remodeling of commercial, industrial, institutional and large scale multiple family developments, except where otherwise exempted by City codes, including adopted design standards and/or adopted specific plan(s) including:

Projects subject to minor site plan review that also involve exterior remodeling of residential, commercial, industrial, and institutional development that is visible from the public right-of-way.

Exception. Units created in a single-family (R-1) residential zone pursuant to SB 9 shall not require design review but shall instead meet all objective design review standards specified in Section 17.13.040.GGG and Chapter 17.14.

Architectural Features.

Landscape.

Signage. All signage shall be compatible with the building(s) design, scale, colors, materials and lighting.

Secondary Functional and Accessory Features. Trash receptacles, storage and loading areas, transformers and mechanical equipment shall be screened in a manner which is architecturally compatible with the principal building(s).

Purpose and Intent. The administrative design review process is established to allow for a simplified review process for specific types of new development, exterior building alterations, and sign modifications which the City anticipates will not adversely affect surrounding properties.

Actions Eligible for Administrative Design Review. The following types of projects are eligible for administrative design review:

Initiation and Application. Applications for administrative design review shall be filed in accordance with submittal requirements as determined by the Community Development Director. Additional information may be requested from an applicant to allow for thorough design review of a project.

Procedure and Criteria. The Community Development Director, pursuant to Section 17.08.020, shall be responsible for administrative design review. Once an application for administrative design review has been deemed complete, the Community Development Director shall consider and approve, deny or refer the project to the Design Review Committee. In making such determination, the Community Development Director shall consider adopted design standards and guidelines where applicable, the general criteria set forth in Section 17.10.070(D), and the findings required in Sections 17.10.070(G)(3) and (4). Appeals of decisions by the Community Development Director shall be made in accordance with the City appeal procedures set forth in Section 17.08.050. Notification of administrative design review shall be in accordance with Section 17.08.040 and community development noticing procedures.

Modifications to building height, bulk, scale, mass and placement;

Changes in building materials and color palette;

Screening of parking areas, trash receptacles, storage areas, mechanical equipment;

Changes to the location and use of plants in required landscape areas to mitigate community concerns.

In the Old Towne Historic District, the proposed work conforms to the prescriptive standards and design criteria referenced and/or recommended by the Design Review Committee or other reviewing body for the project.

In any National Register Historic District, the proposed work complies with the Secretary of the Interior's standards and guidelines.

The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings.

For infill residential development, as specified in the City of Orange infill residential design guidelines, the new structure(s) or addition are compatible with the scale, massing, orientation, and articulation of the surrounding development and will preserve or enhance existing neighborhood character.

Suspension of any and all rights to proceed with any previously granted development approval or permit; and

Issuance of a stop work order requiring all work to cease except that necessary to implement mitigation measures. Failure to comply with a stop work order shall be a misdemeanor and will be enforced as such an offense. In the event that compliance is not achieved by the time set forth in the approved environmental documentation, no further permits for the project involved will be issued until the matter is resolved. Furthermore, if a field inspection reveals a violation of or a failure to implement mitigation measures, and immediate action is warranted, the Community Development Director, or designee, shall have the authority to require all work to cease until resolution.

Any structure within an established historic district that is over 120 square feet in area.

Any structure listed on the National Register at any location within the City.

The structure is to be removed from the site, by either destruction or relocation.

All or part of the structure is to be demolished to the extent that its structural or architectural integrity is permanently impaired.

Demolition reviews may be appealed in accordance with Section 17.08.050 of this code.

If no appeal is filed within the established 15 day appeal period, the demolition permit shall be issued subject to all the provisions of this chapter.

Civil penalties specified in Section 1.08.010 of this code.

No application for permit nor building construction shall be allowed for a period of one year from the date of the demolition of the structure. This penalty shall apply to all properties unless waived or modified, upon appeal in accordance with Section 17.08.050 of this title.