Placentia City Zoning Code

Sixteen (16) sets of a plot plan down to scale, showing the location of the property, boundaries and improvements proposed, all dimensioned;

Fee established by the city council by ordinance;

A plan of the details of the variance requested and evidence showing that all of the following conditions apply:

A list of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application as certified by a title insurance company authorized to do business in Orange County, California. Such list shall be typed in duplicate upon gummed labels ready for mailing, and shall be accompanied by a location map.

Public Hearing. The planning commission or, if the matter has been appealed pursuant to Section 23.93.050, the city council, as the case may be, shall hold a public hearing.

Notice of Public Hearing.

Failure to Receive Notice. Failure of any property owner to receive such notice shall not alter the validity of the hearing.

The strict application of the provisions of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance shall be conditioned, if necessary, to prevent the granting of a special privilege inconsistent with the limitations on other property in the vicinity and under identical zoning classifications; and

The proposed variance will be consistent with the latest adopted general plan; and

The proposed variance does not allow any land use which is not in conformity with the use regulations specified for the district in which the land is located; and

Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions, are made part of the variance approval.

The decision of the planning commission shall be final unless appealed in writing to the city council by the applicant or any other interested person (as defined in Chapter 23.04) within ten (10) calendar days. The letter of appeal shall be accompanied by a processing fee as established by city council resolution. The letter shall be filed with the city clerk’s office.

Any member of the city council may appeal the decision of the planning commission in writing within ten (10) calendar days. The letter shall be filed with the city clerk’s office.

The city council shall hold a public hearing and shall give notice as set forth in Section 23.93.030. Notices shall also be given to the applicant, the planning commission and the appellant. The planning commission shall submit a report and meeting minutes to the city council setting forth the reasons for the action taken by the commission.

The council shall make its own determination as to whether the proposed variance meets the standards outlined in Section 23.93.040(1), (2) and (3) and may approve, modify, or disapprove the decision of the planning commission. Any significant modification of the variance not previously considered by the planning commission during its hearing, may be, but is not required to be, referred to the planning commission for report and recommendation. The planning commission shall not hold a public hearing on the proposed modification. Failure to report upon the proposed modification within forty (40) days, or such longer period that the council may designate, shall be deemed an approval of the proposed modification.

Any variance granted in accordance with the terms of this title shall expire, if a permit for the project for which the variance is approved is not obtained within one (1) year from the date of final approval.

For new construction only, any variance granted in accordance with the terms of this title shall expire, if a permit for the project for which the variance is approved is not obtained within two (2) years from the date of final approval.

An application may be made to the director of development services for a one (1) year extension on new construction only. No more than one (1) extension shall be allowed.

A variance granted in conjunction with a vesting tentative map shall expire at the time that the corresponding map expires. If an extension is granted for the map, the same extension shall automatically be granted for the variance.

When a final vesting subdivision map has been recorded for a project, the accompanying variance approved in conjunction with the map shall remain in effect.