The zoning map and zoning regulations may be amended by changing the boundaries of any zone or by changing any zone regulation or any other provision of this chapter in accord with the procedure prescribed in this section and state law. In the event of any conflict state law shall control.

(Ord. #2004-502, § 1)

a.

Variance from the terms of the zoning chapter shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

b.

The power to grant variances does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditional uses provisions of this chapter.

c.

The City Council may grant variances to the regulations prescribed by this chapter, in accord with the procedure prescribed in this section, with respect to fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities, or frontage on public street. With respect to rear and side yard setbacks, the City Manager is authorized to act on variances decreasing not more than twenty-five (25) percent of said setbacks as prescribed in Article 23-20.

(Ord. #82-323, § 23)

In order to give the use regulations the flexibility necessary to achieve the objectives of this chapter, in certain zones conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these purposes, the City Council is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of conditional use permits. The City Manager pursuant to Article 23-17 is authorized to act on conditional use permits for recreational courts and recreational court lighting. In all cases, the City Council has the final authority in the granting of conditional use permits.

(Ord. #82-323, § 23)

a.

Change in the boundaries of any zone application for zone change, variance or conditional use permit may be initiated by the owner or the authorized agent of the owner of the property by filing an application for same as prescribed in this section. If the property for which a change of zone, variance or use permit is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

b.

A change in the boundaries of any zone or a change in the regulations may be initiated by Resolution of the City Council.

Application for variances, conditional use permits or zone changes shall be filed with the City Manager on a form prescribed by the City Manager and shall include the following data and maps:

a.

Name and address of the applicant.

b.

Statement that the applicant is the owner or authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.

c.

Address and legal description of the property.

d.

In the case of a conditional use permit a statement indicating the precise manner of compliance with each of the applicable provisions of this section, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in subsection 23-19.15.

e.

In the case of a variance, a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a variance, prescribed in subsection 23-19.11.

f.

A list of all owners of property located within three hundred (300) feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.

g.

In the case of a conditional use permit, plot plans and elevations, fully dimensioned and drawn to scale, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included.

h.

In the case of a variance and zone change, an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five (5) feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities and landscaped areas.

i.

The City Manager may require additional information or plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance, conditional use permit or zone change exist. The City Manager may authorize omission of any or all of the plans and drawings required by this section if they are not necessary.

(Ord. #82-323, § 23)

The application shall be accompanied by a fee established by resolution or ordinance of the City Council to cover the cost of handling the application as prescribed in this section. In the case of a variance, a single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two (2) or more adjacent sites with similar characteristics.

The City Council shall hold at least one public hearing on each application for variance, conditional use permit or zone change. The hearing shall be set and notice given as prescribed in subsection 23-19.8. At the public hearing, the Council shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the application, its consistence with the objectives of this Code and the General Plan and conditions under which it would be effectively operated or maintained, particularly with respect to the findings prescribed in subsections 23-19.11 through 23-19.16 as applicable.

The City Clerk shall set the time and place of public hearings required by this chapter to be held by the City Council, provided that the Council may change the time or place of a hearing. However, the Council shall hold a public hearing within forty (40) days after the application for an amendment, use permit, or variance has been filed unless the applicant shall consent to an extension of time. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by posting the subject property and posting a public notice in a conspicuous place at the following locations: City Hall, Ralphs Market, Wells Fargo Bank. When the hearing concerns a matter other than an amendment to the text of this chapter, notices of public hearings before the City Council shall be mailed to all persons whose names appear on the latest adopted tax roll of Orange County as owning property within three hundred (300) feet of the exterior boundaries of the property that is the subject of the hearing.

The City Manager shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the City Council and made available to the applicant prior to the public hearing.

(Ord. #82-323, § 23)

Within thirty-one (31) days following the closing of the public hearing on a variance or conditional use permit application, the City Council shall act on the application. The Council may grant by resolution, adopted by at least three (3) affirmative votes, a variance or conditional use permit as it was applied for or in a modified form, or the application may be denied. Variances or use permits may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Council may prescribe. Conditions may include, but shall not be limited to, requiring special yards, open spaces, buffers, fences, and walls; requiring installation and maintenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards of maintenance of buildings and grounds; prescription of development schedules and development standards; and such other conditions as the Council may deem necessary to insure compatibility of the use with surrounding developments and uses and to preserve the public health, safety and welfare. Variances from regulations prescribed elsewhere in the zoning chapter, for fences, walls, hedges, screening and landscaping, site area, width and depth, front, rear and side yards, coverage, height of structures; distances between structures, usable open space, signs, off-street parking facilities or frontage on a public street shall be separately administered in accordance with the procedures in this section.

(Ord. #2004-502, § 2)

The City Council or City Manager may grant a variance to a regulation prescribed by this chapter with respect to fences, walls, hedges, screening or landscaping, site area, width or depth, front, rear, or side yards, coverage, height of structures, distances between structures, usable open space, or frontage on a public street, as the variance was applied for in modified form, if, on the basis of application and the evidence submitted, the Council or Manager makes findings of fact that establish that the circumstances prescribed in paragraphs a., b., or c., and in paragraphs d. and e. below do apply.

a.

That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter.

b.

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone.

c.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone.

d.

That the granting of the variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties classified in the same zone.

e.

That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

(Ord. #82-323, § 23)

The City Council may grant a variance to a regulation prescribed by this chapter with respect to signs as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in subsection 23-19.11 apply and the following circumstances also apply:

a.

That the granting of the variance will not detract from the attractiveness or orderliness of the City's appearance or the surrounding neighborhood.

b.

That the granting of the variance will not create a hazard to public safety.

The City Council may grant a variance to a regulation prescribed by this chapter with respect to off-street parking facilities as the variance was applied for or in modified form if, on the basis of the application and the evidence submitted, the Council makes findings of fact that establish that the circumstances prescribed in subsection 23-19.11 apply and the following circumstances also apply:

a.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

b.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

c.

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this chapter.

A variance shall be obtained prior to the installation of any antenna and supporting mast or tower which would not be in compliance with the regulations set forth in subsection 23-6.8d, which is limited to television reception only.

Granting of a variance shall be based on findings that the height restriction of this Code would impair the ability to receive the normal television reception as a result of special circumstances applicable to the property, including size, shape, topography, location, or surroundings and strict application of the Code would deprive the property from the privileges enjoyed by other property in the City.

The City Council or City Manager shall make the following findings before granting a conditional use permit:

a.

That the proposed location of the conditional use is in accord with the objectives of this Code and the purpose of the zone in which the site is located.

b.

That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

c.

That the proposed conditional use will comply with each of the applicable provisions of this Code, except for approved variances.

d.

With regard to antennae, supporting masts or towers, the granting of a conditional use permit shall be conditioned so that it will terminate on the sale or transfer of ownership of the property by the applicant.

(Ord. #82-323, § 23)

The City Council may grant or deny applications for a zone change in accordance with state law. Any zone change shall be enacted by ordinance and shall be consistent with the General Plan.

(Ord. #2004-502, § 3)

A variance and use permit shall become effective immediately after it is granted by the City Council. A zone change requires first and second reading of an ordinance which shall become effective thirty (30) days after final reading.

A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.

a.

A variance or conditional use permit shall lapse and shall become void one (1) year following the date on which the variance or use permit became effective, unless prior to the expiration of one (1) year, a building permit is issued, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required, provided that a use permit for a public utility installation may be valid for a longer period if specified by the City Council.

b.

A variance or use permit may be renewed for an additional period of one (1) year provided that prior to the expiration of one (1) year from the date when it or the renewal of same became effective, an application for renewal of the variance is filed with the City Manager.

c.

The City Council may grant or deny an application for renewal of a variance or use permit.

(Ord. #82-323, § 23; Ord. #2015-595, § 3)

a.

A conditional use legally established prior to the effective date of this chapter or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any.

b.

Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a use permit as prescribed in this section, provided that alterations not exceeding two thousand five hundred ($2,500.00) dollars in value as determined by the Building Official shall be permitted without the granting of a conditional use permit.

c.

A conditional use permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, by act of God or by the public enemy to a greater extent than fifty (50) percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the City Engineer and Building Official and shall be based on the minimum cost of construction in compliance with the Building Code.

Subsections 23-19.5 through 23-19.10 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the City Manager if he determines that the changes would not affect the findings prescribed in subsection 23-19.15.

(Ord. #82-323, § 23)

Upon violation of any applicable provision of this Chapter, or, if granted subject to conditions, upon failure to comply with conditions, a variance or conditional use permit shall be suspended automatically. The City Council shall hold a public hearing within forty (40) days, in accordance with the procedure prescribed in subsection 23-19.7, and if not satisfied that the regulation, general provision, or condition is being complied with, by at least three (3) affirmative votes, may revoke the variance or conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. The decision of the Council revoking a variance shall become effective fifteen (15) days following the date on which it was revoked.

(Ord. #2004-502, § 4)

Following the denial or revocation of a variance, conditional use permit or zone change application, no application for the same or substantially the same variance, use permit or zone change on the same or substantially the same site shall be filed within one year of the date of denial or revocation of same.

Unless otherwise specified at the time a variance or conditional use permit is granted, it shall apply only to the plans and drawings submitted as part of the application.

A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application.

Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the City Council shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two (2) hearings. For the purposes of this subsection, the date of the Council decision on the use permit application shall be the same as the date of enactment by the City Council of an ordinance changing the zone boundaries.