The planning commission is hereby authorized under conditions herein provided to grant minor exceptions to, and variances from the provisions of this chapter, and to grant conditional use permits for uses in any zone in which such uses may be conditionally permitted.

(Code 1952, § 9250; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 31, 8-5-13)

The zoning administrator is authorized to act on minor exceptions as listed in section 41-632(a)(3).

(Code 1952, § 9250.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 32, 8-5-13)

(a)

In accordance with the procedures outlined in this article, application may be made for:

(1)

Conditional use permit for a specific use of land or buildings in a land use district wherein such use may be so conditionally permitted.

(2)

Variance from the development standards of this chapter.

(3)

Minor exception to obtain a waiver or modification of those zoning provisions which pertain to the following:

(a)

Lineal dimensions of yards. Modifications granted shall not exceed by more than twenty (20) per cent the minimum requirements.

(b)

Separation between buildings and other structures. Modifications granted shall not exceed by more than fifty (50) per cent the minimum requirement.

(c)

Lot coverage. Modifications granted shall not exceed by more than twenty (20) per cent the maximum coverage permitted.

(d)

Height of buildings. Modifications granted shall not exceed by more than twenty-five (25) per cent the maximum height permitted.

(e)

Signs. Area modifications granted shall not exceed by more than twenty (20) per cent the maximum area permitted.

(f)

Setback and future right-of-way lines.

(g)

Off-street parking. Modifications granted for reductions in required number of stalls shall not exceed by more than twenty (20) per cent the minimum ordinance requirement and pursuant to the standards contained in section 41-638.1.

(h)

Operational standards. Modifications granted may include minor exceptions to screening and landscape requirements but shall not include exceptions to provisions pertaining to uses permitted in the open.

(i)

Walls and fences.

(Code 1952, § 9250.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1015, § 1, 5-18-70; Ord. No. NS-1123, § 11, 7-17-72; Ord. No. NS-1507, § 11, 11-19-79; Ord. No. NS-2334, § 3, 11-3-97; Ord. No. NS-2847, § 33, 8-5-13)

Application for conditional use permit, variance or minor exception shall be in writing and filed in the city planning department upon forms provided by the department and shall include the following information:

(a)

A full statement of the special circumstances and conditions relied upon as grounds for application.

(b)

An outline of the proposed use, including adequate plans and a legal description of the property involved.

(c)

For public notification required for any public hearings the provisions of Santa Ana Municipal Code section 2-153(c) shall apply.

(d)

Each application shall be signed by the record owner or agent for the owner if notarized certificate of power of attorney is filed with the application.

(Code 1952, § 9250.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 34, 8-5-13)

Every application under this chapter for a minor exception, variance, conditional use permit or appeal to the planning commission or city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempted from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department.

(Code 1952, § 9250.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1186, § 1, 10-1-73; Ord. No. NS-2847, § 35, 8-5-13)

Upon the filing for a minor exception, variance or conditional use permit, the director of planning shall set the application for public hearing at a regular or an adjourned meeting which is to be held not less than seven (7) days nor more than forty-five (45) days after the filing date.

(Code 1952, § 9250.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 36, 8-5-13)

All public notification requirements shall comply with the provisions of Santa Ana Municipal Code section 2-153(c).

(Code 1952, § 9250.6; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 37, 8-5-13)

Upon the date set for a hearing the council, planning commission or zoning administrator may on that date continue the matter. If a date for the continued hearing is thereupon announced in open meeting, no further notice thereof need be given.

(Code 1952, § 9250.7; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

(a)

The council and planning commission, and in the case of minor exceptions, the zoning administrator may grant according to the procedure outlined in this chapter:

(1)

Conditional use permits for specific uses located at a particular location when it shall be deemed:

(i)

That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and

(ii)

That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity; and

(iii)

That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area;

(iv)

That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and

(v)

That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use.

(2)

Variances from and minor exceptions to the provisions of the Municipal Code when it appears that all of the following have been established:

(i)

That because of special circumstances applicable to the 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 not otherwise at variance with the intent and purpose of the provisions of this chapter;

(ii)

That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights;

(iii)

That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property;

(iv)

That the granting of a variance or minor exception will not adversely affect the general plan of the city.

(b)

In granting any conditional use permit, variance or minor exception, the zoning administrator, planning commission or council may impose such conditions as are deemed necessary and desirable to protect the public health, safety or welfare in accordance with the purpose and intent of this chapter.

(Code 1952, § 9250.8; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1507, § 12, 11-19-79; Ord. No. NS-1732, § 50, 6-25-84; Ord. No. NS-2847, § 38, 8-5-13)

(a)

Minor exceptions from the off-street parking regulations referenced in this section shall be subject to grant or denial by the planning manager based upon the standards set forth in this section and not upon the standards set forth in section 41-638.

(b)

A minor exception from the requirement that required parking areas be integrated such that a vehicle need not enter a street to move from one (1) aisle to another may be granted if:

(i)

The stalls in an aisle are all reserved or assigned so as to be unavailable for parking by persons permitted to park in another aisle; or

(ii)

A parking area serves an office use and is immediately across a street or alley from it; or

(iii)

The parking area is wholly or partly within a structure.

(c)

A minor exception may be granted from the provisions of this chapter requiring each use to have its required number of off-street parking stalls to allow:

(i)

Two (2) or more independent uses to share required parking stalls provided no conflict will arise between parking for one (1) use and parking for another due to differences in time of primary utilization of parking as between such uses.

(ii)

Any use conducted in a building which cannot reasonably be considered as within the scope of any other section of this article setting minimum parking space requirements, unless a parking demand analysis is required at the discretion of the planning manager.

(d)

A minor exception may be granted from the off-street parking design requirements of this chapter to allow for tandem parking if the parking area is adequately managed by a valet service or parking management plan.

(e)

No minor exceptions shall be granted under this section if the effect would be to substantially increase difficulties of vehicle maneuverability or traffic congestion. Any minor exception granted under this section may be conditioned to avoid such adverse impacts, including the condition of maintaining parking according to an approved parking site and/or management plan.

(Ord. No. NS-1602, § 8, 10-26-81; Ord. No. NS-1831, § 4, 2-3-86; Ord. No. NS-2923, § 6, 9-16-17)

(a)

Condition tentative maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative or parcel map, conditional use permit, variance or other similar land use entitlement:

i.

Use of anti-graffiti material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the executive director of planning and building or designee, to the publicly-viewable surfaces on the improvements to be constructed at the site deemed by the executive director of planning and building, or designee, to be likely to attract graffiti;

ii.

Right of access to remove graffiti. Developer shall grant, prior to resale of any of the parcels that are within the territory of the map, the right-of-entry over and access to such parcels, upon forty-eight (48) hours posting of notice by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti;

iii.

Supply city with graffiti-removal material. Developer shall, for a period of two (2) years after the resale of the final lot, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of graffiti; or

iv.

Owner to immediately remove graffiti. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the city that the owner of the lots shall immediately remove any graffiti placed thereon.

(b)

Design of potential graffiti-attracting surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the executive director of planning and building or designee, have designed any building structures visible from any public or quasi-public place is such a manner to consider prevention of graffiti, including, but not limited to the following:

i.

Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti;

ii.

Use of additional lighting as a means of deterrence;

iii.

Use of non-solid fencing;

iv.

Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation;

v.

Use of architectural design to break up long, continuous walls or solid areas; or

vi.

Use of a water projection system activated by a motion sensor.

(c)

Retro-fit existing graffiti-attracting surfaces: Non-residential structures. The following provisions may be incorporated in a graffiti eradication order issued pursuant to article VII of chapter 17 of this Code, at the discretion of the city and/or hearing officer.

i.

At owner's expense. Any surface of a structure on a parcel of land used for non-residential purposes that has been defaced with graffiti more than five (5) times in a 12-month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the city may not impose a cost on the property owner of an amount greater than that established or approved by city council.

ii.

At city's cost. The owner of property used for non-residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a 12-month period shall permit the city to enter the property and, at the city's cost, make modifications as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti.

(Ord. No. NS-2720, § 6, 8-7-06; Ord. No. NS-2798, § 4, 11-16-09)

Editor's note— Section 41-638.5, pertaining to standards for granting applications for conditional use permits for care homes, derived from Ord. No. NS-1297, § 4, adopted Feb. 17, 1976, was repealed by Ord. No. NS-1732, § 51, enacted June 25, 1984.

In granting or denying a variance, conditional use permit or minor exception, the planning commission shall make a written finding which shall specify all facts relied upon by said commission in rendering its decision and in attaching conditions and safeguards. A copy of the decision of the planning commission, together with the written finding of fact, shall be filed with the clerk of the council, with the city planning division, and mailed to the applicant. All decisions of the planning commission shall be final unless appealed to the city council by any interested party, individual or group pursuant to section 41-645 or set for public hearing by the city council pursuant to section 41-642.

(Code 1952, § 9250.9; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2923, § 7, 9-16-17)

In granting or denying a minor exception, the zoning administrator shall make a written finding which shall specify all facts relied upon in rendering his decision and in attaching conditions and safeguards. A copy of the decision together with the written finding of fact shall be filed with the clerk of the council, with the city's planning department, and mailed to the applicant. All decisions of the zoning administrator on applications for minor exceptions shall be final unless appealed to the planning commission pursuant to section 41-645.

(Code 1952, § 9250.10; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1123, § 12, 7-17-72; Ord. No. NS-1507, § 13, 11-29-79; Ord. No. NS-1870, § 2, 11-17-86; Ord. No. NS-2847, § 39, 8-5-13)

In the event the zoning administrator is of the opinion any minor exception request is of such magnitude as to be of special interest to the people of the City of Santa Ana and the planning commission, he may continue the hearing to the next regularly scheduled meeting of the planning commission, who shall then process the application in the manner prescribed in section 41-639 of this article.

(Code 1952, § 9250.10; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 40, 8-5-13)

Upon the filing, by the planning commission, of a written finding of fact with the clerk of the council, the council may review and appeal said finding as set forth herein and in the timeframe set forth in section 41-645(b).

If the council is dissatisfied with the action of the planning commission or is of the opinion that the matter is of such magnitude as to be of special interest to the people of the city it may, by majority vote, set the matter for a public hearing to be held at a regular or adjourned meeting with public notification made by the planning department as was required for the initial hearing; otherwise, all decisions of the planning commission shall be final.

(Code 1952, § 9250.11; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2923, § 8, 9-16-17)

Editor's note— Ord. No. NS-2847, §§ 41, 42, adopted August 5, 2013, repealed §§ 41-643, 41-644 in their entirety. Former §§ 41-643, 41-644 pertained to review of decision of zoning administrator by planning commission as to conditional use permit and variance applications; hearing; review of decision of zoning administrator and confirmation of planning commission by council, respectively and were derived from Code 1952, §§ 9250.12, 9250.13; Ord. No. NS-455, § 1, adopted June 20, 1960 and Ord. No. NS-989, § 1, adopted November 17, 1969.

(a)

An appeal from a decision or requirement of the planning commission or zoning administrator may be made by any interested party, individual or group.

(b)

Any appeal made under the terms of this article shall be made within ten (10) calendar days following the date of the decision by the planning commission or zoning administrator. Further, said appeal period shall end at 5:00 p.m. on the tenth calendar day following said date of the decision by the planning commission or zoning administrator. If said tenth calendar day ends on a Saturday, Sunday or holiday, the ten (10) day period shall end at 5:00 p.m. on the next regular business day.

(c)

All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the commission or zoning administrator. Furthermore, a copy of said appeal shall be filed with the planning department and the clerk of the council.

(d)

Upon receipt of said appeal of the decision of the planning commission, the planning department shall set the matter for hearing by the council. In the event the matter is an appeal from a ruling by the zoning administrator, the matter shall be heard by the planning commission.

(e)

All appeals shall be heard in the same manner as prescribed for the original hearing.

(f)

Upon filing of an appeal, the planning department shall forward to the clerk of the council a copy of the written findings, maps, papers and exhibits upon which the decision of the planning commission and/or zoning administrator was based.

(g)

The council, or in the case of a zoning administrator appeal, the planning commission, may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the city planning department; one (1) copy thereof shall be sent to the applicant.

(Code 1952, § 9250.14; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-521, § 18, 6-19-61; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-2847, § 43, 8-5-13; Ord. No. NS-2923, § 9, 9-16-17)

(a)

In the event that a business requesting a conditional use permit for an off-sale alcohol license is located within an area deemed to have an undue concentration of said licenses as determined by the California Department of Alcoholic Beverage Control pursuant to Section 23958 et seq. of the California Business and Professions Code, then that business may apply to the planning commission for the preparation of a letter of public convenience or necessity as a component of the application for the conditional use permit. The process of consideration of this request will be governed by article V regarding the processing of conditional use permits except that the following findings must be made.

(1)

In granting said letter of public convenience or necessity the applicant must prove and the planning commission must find that:

(i)

The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the general plan.

(ii)

The economic benefit outweighs the negative impacts to the community as whole.

(iii)

The issuance of the license will provide a needed service not currently being met in the community

(iv)

There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby.

(v)

The business cannot operate profitably without a liquor license.

(vi)

The applicant has demonstrated reasonable efforts to seek community input.

(b)

Within two (2) days following the date of a planning commission decision on the preparation of a letter of public convenience or necessity, the planning manager shall send a written report of such decision to the members of the city council. If, within twenty-one (21) days following the date of such a planning commission decision, the city council sets the matter for public hearing, then the decision of the planning commission shall be vacated and the decision regarding the preparation of a letter of public convenience or necessity shall be heard and decided by the city council.

(Ord. No. NS-1870, § 1, 11-17-86; Ord. No. NS-1994, § 2, 2-21-89; Ord. No. NS-2245, § 5, 3-6-95; Ord. No. NS-2334, § 4, 11-3-97; Ord. No. NS-2847, § 44, 8-5-13)

In granting or denying an appeal, the council shall make a written finding which shall specify all facts relied upon by said council in rendering its decision and in attaching conditions and safeguards, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth in this chapter. A copy of the resolution together with the written finding of fact shall be filed with the clerk of the council, in the city planning department; one (1) copy thereof shall be sent to the applicant. The decision of the council shall be final.

(Code 1952, § 9250.15; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

(a)

Additional findings. In making the findings otherwise required by this article for approval of a conditional use permit, prior to approval of a superstore the planning commission or city council, as appropriate take into consideration of all economic benefits and costs to the city, and as relevant, the region, of the proposed use based upon information contained in an economic impact analysis, as provided below, and any additional information submitted by staff or the public.

(b)

Procedure. An application for a conditional use permit for a superstore shall follow the procedures otherwise required by this chapter, and in addition the applicant shall prepare and submit an economic impact analysis report as defined herein. The analysis, at a minimum, shall identify the benefits and costs to the city of the proposed superstore on grocery or retail shopping centers within a three-mile radius. The city manager or designee:

(1)

Shall approve in advance the individual or firm preparing the report; which approval may, at the city's option, be satisfied by use of an individual or firm identified on a pre-approved list; and

(2)

Such list may designate additional information on benefits and cost that shall be included in the analysis.

(Ord. No. NS-2734, § 7, 2-5-07)

A conditional use permit, variance or minor exception shall not be deemed vaild until all of the conditions as approved by the zoning administrator, planning commission, and/or city council have been complied with and released by the planning manager. A conditional use permit, variance or minor exception approved in accordance with the procedures and considerations as provided in this article, shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the conditional use permit, variance or minor exception; however, at the initial hearing the planning commission or zoning administrator may provide, by appropriate condition of approval, for extensions of time beyond the two-year period. Furthermore, the city council may, by resolution, extend the date on which a conditional use permit, variance or minor exception becomes void for a period or periods not exceeding three (3) years in total beyond the date it would otherwise become void.

Acceptable action shall be considered to be actual construction, alteration, repairs and use of structures and land. Preparation of plans, financial negotiations, estate settlements, or change of property owners are not considered sufficient evidence of an action.

(Code 1952, § 9251; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1669, § 1, 1-17-83; Ord. No. NS-2236, § 1, 12-5-94; Ord. No. NS-2334, § 5, 11-3-97)

(a)

Failure to comply with any condition of a conditional use permit, variance or minor exception as approved by the zoning administrator, planning commission and/or city council is a misdemeanor.

(b)

Failure to maintain any condition of a conditional use permit, variance or minor exception as approved by the zoning adminstrator, planning commission and/or city council is a misdemeanor.

(Ord. No. NS-2334, § 6, 11-3-97)

Any variance granted prior to July 18, 1957, upon which an acceptable action has not been instituted as defined in section 41-647, shall, on the effective date of this chapter, become null and void.

Any approved conditional use permit, variance or minor exception which has been exercised in the manner set forth in the terms of approval and has thereafter ceased to exist or has been suspended for at least one (1) year shall be declared void and any further use of the premises, building, or structure shall conform to the requirements for the district in which located.

(Code 1952, § 9252; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Any modification of an approved conditional use permit, variance or minor exception shall necessitate the refiling of a new application which shall be processed as required in the aforementioned sections of this article.

(Code 1952, § 9253; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Any conditionally permitted use shall be subject to the yard, height, area, off-street parking, loading, sign and operational standards set forth for the district in which said use is proposed to be located. However, the zoning administrator, planning commission or council may impose other conditions considered necessary to insure the safe and reasonable development of the area in order to protect the health, welfare and safety of the surrounding property owners. Further, the zoning administrator, planning commission or council may modify the regulations set forth for the district in which located when it is considered that strict enforcement of said regulations will cause undue hardship to the applicant.

(Code 1952, § 9254; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

(1)

The Executive Director of the Planning and Building Agency after notice by mail to the legal owner of the property and to the tenant of said property may immediately suspend a conditional use permit, variance, minor exception, or other land use entitlement on any one (1) or more of the following grounds:

(a)

Failure to comply with conditions of approval, if granted subject to conditions.

(b)

Evidence available at the time of review that was not available when the permit was granted that could not have been obtained with reasonable diligence prior to the hearing, resulting in the findings made pursuant to Section 41-638(a)(1) no longer being valid.

(c)

Violations of this Code or conditions of approval observed by a City official that are not corrected and abated to the satisfaction of the Executive Director of the Planning and Building Agency within ten (10) days of written notice by mail to the recorded owner of the property and to the tenant of said property if any.

(d)

The holder of the conditional use permit, variance, minor exception, or other land use entitlement is exercising the entitlement in a manner that is inconsistent with the original approval and its scope.

(2)

The suspension of a conditional use permit, variance, minor exception permit, or other land use entitlement shall only be lifted until such time that observed violations of this Code or conditions of approval have been abated and corrected to the satisfaction of the Executive Director of the Planning and Building Agency.

(3)

The person whose conditional use permit, variance, minor exception, or other land use entitlement has been suspended by the Executive Director of the Planning and Building Agency may appeal the decision in writing to the Planning Commission within ten (10) days after such decision. The Planning Commission, after public hearing may affirm, change, or modify the original decision by the Executive Director.

(4)

If the legal owner or person granted the permit fails to abate and correct the observed violations within ninety (90) days of suspension of the permit, the City may elect to commence revocation procedures outlined in Section 41-651 of this chapter.

(Ord. No. NS-3044, § 7, 6-20-23)

The planning commission may, after twenty (20) days' notice by mail to the record owner of the property and to the tenant of said property, if any, and after a public hearing, revoke a conditional use permit, a variance, a minor exception permit, and other land use entitlements on any one (1) or more of the following grounds:

(1)

That the conditional use permit, variance, minor exception permit, or other land use entitlement was obtained by fraud or misrepresentation.

(2)

That the conditional use permit, variance, minor exception permit, or other land use entitlement has been exercised by the person granted the entitlement, or his representative, successors, or assigns, contrary to the terms or conditions of approval, or in violation of any statute, ordinance, law or regulation not excused by the conditional use permit, variance, or minor exception permit.

(3)

That the use permitted by the conditional use permit, variance, minor exception permit, or other land use entitlement is being or has been so exercised as to be detrimental to the public health, welfare, or safety or so as to constitute a nuisance.

The person whose conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked by the planning commission may appeal the decision of the planning commission in writing to the city council within ten (10) days after such decision by the planning commission. The city council, after public hearing, may affirm, reverse, change or modify the original decision of the planning commission. In the event a conditional use permit, variance, minor exception permit, or other land use entitlement has been revoked and said revocation is in effect, an application for another conditional use permit, variance, minor exception permit, or other land use entitlement of the same or substantially similar use or scope may not be filed for at least twelve (12) consecutive months from the date of revocation.

(Ord. No. 1178, § 1, 8-6-73; Ord. No. NS-3044, § 8, 6-20-23)

(a)

Notice to the public of availability of accommodation process. The agency shall prominently display in both city hall and the planning and building agency a notice advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this division.

(b)

Applicability. To make specific housing available to an individual with a disability, any person may request reasonable accommodation under this division to modify a land use or zoning standard, regulation, policy, and procedure of the city as may be necessary to afford the individual with a disability equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation shall be made by filing an application under this section.

(c)

Application. An application for reasonable accommodation shall be submitted on a form prescribed by the executive director of the planning and building agency, or in the form of a letter addressed to the executive director.

(d)

Privacy. Any information related to a disability status and identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

(e)

Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

(f)

Timing. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

(g)

Filing fees. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this division.

(Ord. No. NS-2813, § 4, 3-21-11)

(a)

Executive director review. An application for reasonable accommodation shall be reviewed by the executive director of the planning and building agency, or his or her designee, as appropriate.

(b)

Decision. Within sixty (60) days of acceptance of the application as complete, the executive director shall issue a written decision to grant, grant with modifications, or deny an application for reasonable accommodation in accordance with section 41-654 and shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the executive director's findings on the factors stated in section 41-654. If necessary to reach a determination on the request for reasonable accommodation, the executive director may request additional information from the applicant consistent with the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, specifying in detail the information that is required. If a request for additional information is made, the sixty-day period to issue a decision is stayed until the applicant responds to the request.

(c)

Referral to other reviewing authority. The executive director shall have the authority, upon his or her sole discretion, to refer any reasonable accommodation application to any other reviewing authority, including, but not limited to, the planning commission, the zoning administrator, or the historic resources commission, to review the reasonable accommodation application and make a determination on the same in accordance with the applicable sections.

(Ord. No. NS-2813, § 5, 3-21-11)

(a)

Findings. The decision to grant, grant with modifications, or deny an application for reasonable accommodation shall be based on a finding of consistency with the Acts and shall take into consideration all of the following factors:

1.

Whether the housing or housing related facilities, which are the subject of the request, will be used by an individual with a disability under the Acts.

2.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

4.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

5.

Whether the requested reasonable accommodation would be contrary to the public health, safety, or welfare, or be injurious to the property or improvements of adjacent properties.

6.

Whether the requested reasonable accommodation adequately considers the physical attributes of the property and structures.

7.

Whether alternative reasonable accommodations could provide an equivalent level of benefit.

8.

Whether the property is in compliance with the then existing laws and regulations otherwise applicable to the property that is the subject of the request. If any non-compliance is through no fault of the applicant or unrelated to the request for reasonable accommodation, the executive director may waive this requirement. However, such a waiver shall not preclude the city from requiring that the existing violations be corrected in accordance with the Santa Ana Municipal Code.

(b)

Conditions of approval. In granting a request for reasonable accommodation, the executive director of the planning and building agency may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling.

(c)

Restrictive covenant. When applicable, the city shall enter into a restrictive covenant with the owner of the property which provides that prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, that the owner of the property shall bring the property into conformance with the city's zoning code to the extent that relief was provided under the zoning code as part of the request for reasonable accommodation. The restrictive covenant shall be recorded against the property being granted the reasonable accommodation. The restrictive covenant shall provide that the reasonable accommodation does not run with the land and shall terminate upon any sale, transfer, lease or other conveyance of the property. Upon submittal of a new application for a successor in interest to the property, the executive director may consider a continuation of the reasonable accommodation if it is consistent with and does not extend the original approval.

(Ord. No. NS-2813, § 6, 3-21-11)

(a)

Time extension; voidance; revocation. Any reasonable accommodation approved in accordance with the terms of this article may be extended, voided, or revoked for the same reasons and in the same manner as a conditional use permit, as detailed in article V of this chapter, or for any violations of this article, or for any violations of the terms and conditions of the reasonable accommodation, or if any law is violated in connection with the use of the reasonable accommodation.

(b)

Resubmittal of applications. No request for reasonable accommodation that has been denied in whole or in part shall be filed again within six (6) months from the date of such denial except upon proof of changed conditions or by permission of the executive director of the planning and building agency.

(c)

Modifications. A request to modify an approved reasonable accommodation shall be treated as a new application, unless in the opinion of the executive director the requested modification results in only a minor change, is within the authority of the executive director to approve, and is consistent with the original approval.

(d)

Appeals. The applicant requesting the accommodation may appeal an adverse determination or any conditions or limitations imposed in the written determination as provided in chapter 3 of this Code.

(Ord. No. NS-2813, § 7, 3-21-11)

Whenever the public necessity, convenience and general welfare justifies such action, the planning commission or council upon their own motion may, or upon the verified application of any interested persons shall, initiate proceedings to amend, supplement or change the districts designed on the affected sectional district map established by this chapter.

(Code 1952, § 9255; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Application for change of district shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission shall provide forms for such purpose and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements.

Applications filed pursuant to this chapter shall be numbered consecutively in the order of filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Code 1952, § 9255.1; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Every amendment application shall be accompanied by a filing fee. No amendment application shall be accepted for filing unless it is accompanied by the required fee. The city council shall from time to time by resolution establish the fee required by this section, and a schedule of all fees under this chapter shall be maintained in the office of the planning department.

(Code 1952, § 9255.2; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-1186, § 2, 10-1-73)

The planning commission shall cause to be made by its members, or members of its staff, such investigation of facts bearing upon such application as will serve to provide all necessary information to assure that the action on each such application is consistent with the intent and purpose of this chapter, with previous amendments and in substantial conformance with the general plan.

(Code 1952, § 9255.3; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Following the receipt in proper form of any such application, the director of planning shall fix a time and place of public hearing thereon. The date of such public hearing and location of the property and nature of the request shall be given in a manner consistent with Section 2-153 of this Code.

(Code 1952, § 9255.4; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69; Ord. No. NS-3044, § 9, 6-20-23)

Public hearing shall be held before the planning commission at the time and place for which public notice has been given as hereinbefore required. The planning commission may establish its own rules for the conduct of such hearings. A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued provided that prior to the adjournment or recess thereof the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Code 1952, § 9255.5; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

The decision of the planning commission in recommending the amendment of any sectional district map shall be advisory only.

(Code 1952, § 9255.6. Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

Within ten (10) days after final action by the planning commission recommending an amendment of any sectional district map, its recommendations together with complete records of the case shall be forwarded to the council.

(Code 1962, § 9256.7; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

The council after receipt of the report and recommendation from the planning commission shall hold a final hearing thereon. The manner of setting the hearing, giving of notice and conducting the hearing shall be the same as hereinbefore prescribed in this chapter. No permit or license shall be issued for any use involved in an application for a change of zone until same shall have become final by the adoption of an ordinance by the council.

(Code 1955, § 9255.8; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS-989, § 1, 11-17-69)

(a)

Development project. As used in this division, the term "development project" includes any of the following projects:

(1)

The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of two thousand five hundred (2,500) square feet or more is constructed or added; but excluding the following:

a.

Single family homes;

b.

Room additions to duplexes;

c.

Tenant improvements not involving a change of use;

d.

Facade improvements;

e.

Equipment covers or structures to cover equipment.

(2)

Tenant improvements involving an intensification or change in occupancy classification.

(3)

Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages.

(4)

Construction of new digital billboards, conversion of an existing static billboard within to a digital billboard, conversion/reconstruction of existing on-premise digital signs, and relocation of billboards.

(b)

Discretionary approval. As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-2102, § 4, 2-4-91; Ord. No. NS-2303, § 1, 11-1-96; Ord. No. NS-2356, § 3, 7-6-98; Ord. No. NS-2923, § 10, 9-16-17; Ord. No. NS-3023, § 5, 7-19-22)

No building permit shall be issued for any development project unless consistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a discretionary approval.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-2923, § 10, 9-16-17)

Plans for a development project shall be approved if the development project, as proposed in the plans, satisfies the following standards:

(1)

The development project is consistent with the general plan and with any applicable specific plan adopted pursuant to California Government Code, Section 65450 et seq.

(2)

The development project is consistent with development design and architectural standards adopted by resolution of the city council.

(3)

The development project provides for adequate vehicular and pedestrian access and circulation and vehicular parking.

(4)

The development project provides for adequate access for city emergency and service vehicles and equipment.

(5)

The development project provides for adequate utility services.

(6)

The development project complies with all applicable standards and regulations set forth in this chapter, including but not limited to landscaping requirements, trash area enclosures, and screening requirements for loading and parking areas.

(Ord. No. NS-1700, § 2, 11-21-83)

(a)

All applications for plan approval for development project shall be filed with the director of planning and development services. The director of planning and development services shall, by written departmental regulations, establish procedures, forms and requirements for the filing of such applications, as appropriate to determine whether the development project will comply with the standards set forth in section 41-670.

(b)

The city council may by resolution establish a fee to compensate the city for the administrative cost of the plan review process established by this division, including the appeal process set forth in section 41-674.

(Ord. No. NS-1700, § 2, 11-21-83)

(a)

Except as provided in subsection (c) of this section, whenever approval of plans for a development project will constitute a substantial or significant deprivation of property rights of other landowners, the director of planning and development services shall set the matter for public hearing pursuant to Section 2-153 of this Code.

(b)

Whenever a public hearing is required pursuant to subsection (a) of this section, the applicant may be required to provide the director of planning and development services with a list of the names and addresses of the property owners entitled to notice under said subsection (a).

(c)

If the development project requires a discretionary approval in order to proceed, and if the application for such discretionary approval requires a public hearing by the planning commission or the city council, then no hearing need be held on the development plan separate and apart from the hearing on the application for the discretionary approval; provided, however, in such event:

(1)

The notice of hearing on the application for the discretionary approval shall meet the requirements of subsection (a) of this section;

(2)

Any approval of the development project plans by the director of planning and development services shall be subject to the condition that such plans be subsequently approved by the planning commission or city council following the hearing;

(3)

The hearing shall extend to and include all issues relevant to development project plan approval under this division; and

(4)

The planning commission or city council shall approve, conditionally approve, or disapprove the plans for the development project following the hearing.

(Ord. No. NS-1700, § 2, 11-21-83; Ord. No. NS-3044, § 10, 6-20-23)

(a)

After receipt of a complete application for development project plan approval, the director of planning and development services shall approve, conditionally approve, or disapprove the plans. Conditions of approval shall be limited to those which reasonably relate to the purpose of assuring compliance with the standards set forth in section 41-670, and with requirements, if any, for subsequent discretionary approvals.

(b)

In addition to rendering a decision on the plans, the director of planning and development services shall provide direction to the applicant on the following matters:

(1)

The conformance of the project with the general plan, any applicable specific plan, and any design and architectural guidelines adopted by the city council.

(2)

The application to the development project or regulations, procedures, and fees established by or pursuant to this Code.

(3)

Subsequent discretionary approvals required for the project, if any.

(4)

Departments and agencies of the city which will be involved in the determination of requirements for the development project.

(Ord. No. NS-1700, § 2, 11-21-83)

(a)

Any person aggrieved by a determination of the director of planning and development services pursuant to section 41-673 may appeal such determination to the planning commission, which may then approve, conditionally approve, or disapprove the plan subject to the same standards and limitations as apply to the director of planning and development services under this division. The decision of the planning commission shall be final.

(b)

Any decision on a development plan approved pursuant to section 41-672(c) may be appealed according to the same procedures established for appeal of a decision on the application for a discretionary approval which is required for the development project.

(Ord. No. NS-1700, § 2, 11-21-83)

Whenever a land use certificate is required for any use or activity by the provisions of this chapter, the procedures for issuance of such land use certificate shall be as follows:

(a)

Applications for a land use certificate shall be filed by the applicant with the director of planning and development services on such forms as may be provided by the director and shall be accompanied by such filing fee as may be set by resolution of the city council. The application shall provide such information and documentation as the director shall, by departmental regulation, determine to be appropriate.

(b)

The director of planning and development services shall issue the land use certificate if he determines that the use or activity will be conducted in accordance with the applicable requirements specified in this chapter; otherwise, he shall deny the land use certificate. The land use certificate, if granted, shall specifically identify the grantee and the nature and location of the use or activity to be permitted, and the limitations imposed by this chapter on such use or activity. In the event that the use or activity is one which is limited by the provisions of this chapter to a maximum number of days per period of time, the land use certificate may designate the dates on which such use or activity is permitted.

(c)

See section 41-196 for land use certificate ABC license requests.

(Ord. No. NS-1729, § 2, 6-4-84; Ord. No. NS-2334, § 7, 11-3-97)

The director of planning and development services may revoke a land use certificate, after notice and opportunity to be heard by the grantee, upon his determination that the land use certificate is being exercised in a manner contrary to the regulations of this chapter which are applicable to the use or activity permitted by the land use certificate.

(Ord. No. NS-1729, § 2, 6-4-84)

Any applicant for a land use certificate whose application is denied by the director of planning and development services, and any grantee whose land use certificate is revoked by the said director, may, within ten (10) days following such decision, appeal such decision to the planning commission, in which event the decision of the director shall be vacated, and the planning commission shall determine whether to issue or revoke the land use certificate in accordance with the requirements of this chapter applicable thereto. The applicant or grantee shall be given at least five (5) days prior written notice by the director of the time and place at which the planning commission will consider the application or revocation and shall be provided with an opportunity to be heard by the planning commission prior to its decision being made. The director or the planning commission may provide such other notice of a hearing on the matter as they deem appropriate. An appeal pursuant to this section shall be filed in writing by the applicant or grantee and shall be accompanied by a fee equal to one-half (½) of the original application fee. The decision of the planning commission shall be final with no further right of appeal.

(Ord. No. NS-1729, § 2, 6-4-84)