Westminster City Zoning Code
ARTICLE 6
Zoning Code Administration
§ 17.600.005 Purpose.
This Chapter defines the authority and responsibilities of City staff and official review/authority bodies in the administration of this Title.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.600.010 City Council.
The Council shall perform the duties and functions prescribed in this Title, which include:
A.
Review Authority on Specified Planning Matters. Final decisions on Development Agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, Planned Developments, Comprehensive Plans, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process; and
B.
Appeals. The review of any appeal filed from a decision by the Commission or Director.
The functions listed above shall be performed in compliance with Section 17.500.010, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority, and the California Environmental Quality Act (CEQA). |
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.600.015 Planning Commission.
A.
Appointment. The Commission shall be appointed and serve in compliance with Chapter 2.44, Planning Commission, of the WMC.
B.
Duties and Authority. The Commission shall perform the duties and functions prescribed by Section 2.44.040, Powers and Duties Generally, of Chapter 2.44 of the WMC and this Title, including:
1.
The review and final decision on development projects and related environmental documents; and
2.
Matters forwarded to the Commission from the Director including interpretation of zoning code provisions; and
3.
The recommendation, to the Council for final decisions, on Development Agreements, General Plan Amendments, Specific Plans, Zoning Map/Code Amendments, Planned Developments, Comprehensive Plans, and other applicable environmental documents, policy, or ordinance matters related to the City's planning process.
The functions listed above shall be performed in compliance with Section 17.500.010, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority, and CEQA. |
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.600.020 Design Review Board.
A.
Appointment. Design review board membership shall be established by resolution of the Council.
B.
Duties and Authority. Recommend to the approving authority approval, the conditional approval or denial of a project design for:
1.
Residential. The construction of a new residential project of 7 or more units or the addition to an existing residential project that would result in 7 or more units, or the demolition of one or more historic structure.
2.
Nonresidential. Construction of a new building of 3,000 gross square feet of floor area or more, or the addition of 3,000 gross square feet or more to an existing building within a one-year period; exterior architectural modifications, including change in color or materials to a 3,000 gross square foot or larger building; wireless communication facilities not screened or designed as "stealth facilities"; demolition of historic structures; or redevelopment of a historic structure.
3.
Referral. Any project that is referred to the Board by an approval authority.
The functions listed above shall be performed in compliance with Section 17.500.010, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority, and CEQA. |
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.600.025 Community Development Director.
A.
Duties and Authority. The Director shall:
1.
Have the responsibility to perform all of the functions designated by State law including the duties of zoning administrator. The Director shall also have the authority to perform his or her duties as zoning administrator without the use of a public hearing as prescribed in this Title.
2.
Perform the duties and functions prescribed in this Title, including, but not limited to, the review of any Development Review, Administrative Adjustments, Administrative Use Permits in compliance with Section 17.500.010, Authority for Land Use and Zoning Decisions, Table 5-1, Review Authority, and CEQA.
3.
Perform other responsibilities assigned by the Council.
B.
Delegation and Supervision. The Director may delegate his or her responsibilities to assigned City staff under the supervision of the Director. When the Director designates a City staff person, that staff person shall perform the duties assigned by the Director in addition to those listed in subsection A, as appropriate to the personnel title of the designee.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.610.005 Purpose.
This Chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the City that were lawfully established, constructed, or subdivided prior to the adoption or amendment of the WMC, but which would be prohibited, regulated, or restricted differently under the current terms of the WMC or future amendments thereto.
It is the intent of this Chapter to encourage the continuing improvement of the City by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.
(Ord. 2456 § 2, 2010)
§ 17.610.010 Nonconforming Uses.
A.
Continuation of Use. Any nonconforming use may be maintained and continued provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use, except as provided in subsection G of this Section. Alterations that do not increase or enlarge a nonconforming use may be approved, provided, however, that such work done in any 12-month period on ordinary structural alterations or replacement of walls, fixtures, or plumbing does not exceed 25 percent of the appraised market value of the building for the calendar year in which such work is done.
B.
Abandonment or Discontinuance of Use. A nonconforming use that has been abandoned or discontinued for a period of one year shall not be reestablished and any subsequent reuse or any new use established shall conform to the current provisions of this Title.
C.
Change of Use. A nonconforming use that is changed to or replaced by a conforming use shall result in termination and subsequent abandonment of the nonconforming use.
D.
Change to Other Nonconforming Use. A nonconforming use may be changed to another nonconforming use of the same or more restricted classification, provided the change occurs within one year from the date the existing use is abandoned or discontinued (see subsection B above).
E.
Use Permits
1.
Conformity of uses requiring Administrative and Conditional Use Permits. Any use existing at the time of adoption of this Title in a zoning district that allows the use subject to the granting of an Administrative or Conditional Use Permit, shall be deemed a legal nonconforming use and may only continue to the same extent that it previously existed.
2.
Previous Administrative or Conditional Use Permits in effect. A use that was established with an Administrative or a Conditional Use Permit but is no longer a use allowed by this Title within the applicable zoning district may continue in compliance with the provisions and terms of the original permit. If the Administrative or Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the original permit.
F.
Cafés, Coffeehouses and Tea Houses. Any existing café, coffeehouse or tea house which does not comply with the minimum requirements for such establishments as set forth in Section 17.400.030, Cafés, Coffeehouses and Tea Houses, shall be considered nonconforming and shall be brought into compliance with such minimum requirements within 6 months from the date the ordinance establishing said minimum requirements became effective.
G.
A nonconforming single-family dwelling unit or duplex may be expanded subject to the following provisions:
The total cumulative expansion shall not exceed 20 percent of the permitted existing gross floor area, excluding attached or detached garages and/or accessory structures.
(Ord. 2456 § 2, 2010; Ord. 2475 § 2, 2011)
§ 17.610.015 Nonconforming Structures.
A.
Alterations or Additions. When any nonconformity is eliminated or brought into conformance with the current regulations, the nonconforming rights and privileges with respect to that nonconformity are terminated and shall not be restored. The enlargement, expansion, extension, or reconstruction of a nonconforming structure shall be subject to the following:
1.
Increase in area. Work which results in an increase or enlargement of the area, space, or volume of a nonconforming structure shall be allowed only if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, landscaping, encroachments and the requirements of the Uniform Building Code are met. New additions, replacement structures or alterations shall not increase existing nonconformities (e.g., the new construction will comply with required setbacks even though the existing building does not conform with current minimum required setbacks).
2.
Improvements to nonconforming multiple-family and nonresidential structure(s).
a.
Major improvement defined. A major improvement is an improvement that will add 10 percent or more, with a minimum of 750 square feet, to the existing gross floor area of the multiple-family or nonresidential structure(s) on the site, as determined by the Building Official.
b.
Minor improvement defined. If the City determines that the estimated value of the work for which the permit is requested is equal to 10 percent or more of the replacement value of the multiple-family or nonresidential structure(s) on the site, but at least $57,000.00 (to be adjusted annually each July 1st to reflect the increase in the Consumer Price Index for all Urban Consumers, as established by the U.S. Department of Labor) it shall be considered a minor improvement. In application of this Section, "work value" and "replacement value" shall be determined as follows:
i.
Work value. Each permit shall indicate the value of the work to be performed. If the Building Official believes the work value estimate indicated on the permit is too low, the Building Official shall estimate the value of the proposed work for the purpose of this calculation.
ii.
Replacement value. The replacement value of an existing structure shall be determined using tables of reconstruction costs published by the International Conference of Building Officials. The type of construction is determined, and a cost per square foot is derived from the table. This cost is multiplied by the number of gross square feet in the structure to obtain the estimated reconstruction cost of the structure.
iii.
Commercial revitalization area. If the proposed minor improvements include exterior building façade improvements to an existing structure located within Redevelopment Areas, the portion of the work value devoted to exterior building façade improvements shall not be included in determining the 10 percent or $57,000.00 enforcement threshold for minor improvements.
c.
Incidental improvements defined. An improvement that does not qualify as a major or minor improvement shall be considered an incidental improvement.
d.
Requirements. Whenever a permit for a major improvement or minor improvement to an existing nonconforming structure is requested, the Director shall not approve the application unless the requirements of Table 6-1 (Requirements for Major and Minor Improvements) are met:
Table 6-1 Requirements for Major and Minor Improvements | |||
|---|---|---|---|
Requirement | Major Improvement | Minor Improvement | Incidental Improvement |
1. The appropriate number of parking spaces shall be provided for the type of uses proposed for the site, in compliance with Chapter 17.320 (Off-Street Parking). | X | ||
2. All roof equipment screening shall be provided in compliance with Section 17.300.035 (Screening). | X | X | |
3. All required refuse and recyclable materials storage areas shall be provided in compliance with Section 17.300.045 and the approval of Midway City Sanitary District. | X | X | |
4. Parking lot landscaping, paving, screening, and striping shall meet all City requirements; provided, compliance with the requirements does not decrease the number of available parking spaces in compliance with Chapter 17.320 (Off-Street Parking). | X | X | |
5. Fences, walls, and hedges shall comply with Section 17.300.030 (Fences, Hedges, and Walls). | X | X | |
6. Code required landscaping for the site shall be upgraded to comply with current code to the maximum extent possible without decreasing the number of required parking spaces or conflicting with other parking standards. | X | X | |
7. Notwithstanding requirement 4, above, the addition of floor area to an existing structure shall not be allowed unless there is additional parking to serve the newly-added floor area, in compliance with Chapter 17.320 (Off-Street Parking). | X | X | |
B.
Nonconforming Due to Parking. A structure that is nonconforming due to the lack of compliance with off-street parking standards may undergo changes in compliance with this Section, subject to the following provisions:
1.
Residential additions. Full compliance with the provisions of Chapter 17.320, Off-Street Parking and Loading, shall not be required for additions provided that:
a.
Single-family.[1] The dwelling is not increased by 2 or more bedrooms. Any expansion over 50 percent or more of the original gross floor area of the house or expansion resulting in 5 or more bedrooms, would require full compliance with the provisions of Chapter 17.320, Off-Street Parking and Loading. If the existing garage is at least 18 feet by 19 feet (interior dimensions), then it is not considered nonconforming.
[1]
An addition resulting in 5 or more bedrooms, as defined in Article 7, Definitions, shall require additional parking as specified in Section 17.320.020, Number of Parking Spaces Required.
b.
Multiple-family. The addition will not result in:
2.
Nonresidential structures and uses. Structures with parking standard deficiencies shall be allowed to remodel, alter, expand or accommodate a change of use, provided that:
a.
The expansion or new use has the same or lesser parking requirement as the existing or previous use or structure.
b.
The expansion or new use has a greater parking requirement than the existing or previous use or structure and a sufficient number of additional parking spaces have been provided to accommodate the net increase of required spaces in the following manner:
i.
The net new parking spaces shall equal the number of spaces directly required by the change in use only;
ii.
The number of additional parking spaces shall equal the number of spaces directly required by the expansion area only;
iii.
Where there are 2 or more nonconforming structures on a site, but not all structures are proposed for additions, changes, or intensifications, parking nonconformities for the structures not proposed for additions, changes, or intensifications may remain as they are.
(Ord. 2456 § 2, 2010; Ord. 2473 § 3, 2011; Ord. 2478 § 2, 2011; Ord. 2529 § 2, 2016)
§ 17.610.020 Exemptions and Exceptions.
Nonconforming structures damaged or destroyed due to an involuntary catastrophic event (e.g., fire, earthquake, or other calamity) may be reconstructed or replaced provided:
A.
Development Standards. The new structure(s) shall comply with the development standards (such as building envelope and footprint standards) in effect when the damaged or destroyed structure(s) was originally constructed; provided however, that the new structure(s) shall contain no more dwelling units and/or floor area than the damaged structure(s).
B.
Building and Fire Code Compliance. All new construction shall comply with the current Building and Fire Code requirements; however, the Building Official may require compliance for areas other than the new construction when deemed necessary.
C.
Time Limits. A building permit for reconstruction must be obtained no later than 18 months after the date of destruction, and construction must be pursued diligently to completion.
D.
Current Requirements. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit.
E.
Extensions. If the applicant submits a written request before expiration of the 18 months, containing reasonable justification for an extension, the Director may extend the deadline for issuance of the building permit for up to an additional 18 months.
(Ord. 2478 § 2, 2011)
§ 17.610.025 Destruction-Residential Developments.
If, at any time, the residential development (as used herein, "development" may include one or more buildings containing one or more residential units) in existence or maintained at the time this Title or amendments thereto take effect that does not conform to the regulations for the district in which it is located is damaged to the extent herein specified, then it shall be subject to the following provisions:
A.
Level of Destruction
1.
Fifty percent or less of full appraised market value of building(s) only prior to damage. May be rebuilt to original configuration or a lesser degree of nonconformity;
2.
50.01 percent or more of full appraised market value of building(s) only prior to damage:
a.
Units may be rebuilt to original configuration or a lesser degree of nonconformity upon approval of a Conditional Use Permit and subject to compliance with current parking and setback regulations of this Title,
b.
In commercial and/or industrial districts, may not be rebuilt. Then, and without further action by the City Council, the same building and the land on which said building was located or maintained shall, from and after the date of such destruction, be subjected to all the regulations specified by this Title for the district in which such land and building are located,
c.
A residential structure, in any district that has been certified by a resolution of the Westminster Planning Commission as being a structure that is "historically significant," may be rebuilt to its original configuration and design. The Planning Commission's decision to classify a structure as "historically significant" shall be based upon evidence presented to the Planning Commission, which indicates that the structure has a meaningful association with a historical figure or event in the City's history, or written recommendation from the Westminster Historical Society that the building has historical significance. The Planning Commission's determination to certify a residential structure as being "historically significant" shall occur prior to the damage.
(Ord. 2456 § 2, 2010)
§ 17.610.030 Maintenance and Repair.
A.
Maintenance and Repair. A nonconforming structure may be continued, improved, and maintained, subject to the restrictions contained in this Chapter.
B.
Seismic Retrofitting/Building Code Compliance. Repairs or alterations required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with Building Code requirements shall be allowed without cost limitations. The seismic retrofitting and Building Code compliance shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (such as Title 24 and the California Code of Regulations).
(Ord. 2456 § 2, 2010)
§ 17.610.035 Nonconforming Parcels.
A nonconforming parcel of record that does not comply with the access, area, or width requirements of this Title for the zoning district in which it is located, shall be considered a legal building site if it meets at least one of the criteria specified by this Section.
A.
Applicability. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
1.
Approved subdivision. The parcel was created through a subdivision approved by the City or prior to incorporation by the County of Orange.
2.
Variance or lot line adjustment. The parcel was approved through the variance procedures outlined in Chapters 17.550, Administrative and Conditional Use Permits, and 17.555, Administrative Adjustments and Variances, or resulted from a lot line adjustment.
3.
Partial government acquisition. The parcel was created in compliance with the provisions of this Title, but was made nonconforming when a portion of the parcel was acquired by a governmental entity.
B.
Further Division or Reduction of Parcel Prohibited. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area, lot depth, and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Title, or in a way that makes the use of the parcel more nonconforming.
(Ord. 2456 § 2, 2010)
§ 17.610.036 Nonconforming Front and Street Side Yard Paved Areas and Driveways.
A front or street side yard, not conforming to the development standards of Section 17.300.020(D)(2) must conform to the aforementioned Section if any of the following occurs:
A.
Removal of Walls. If more than 50 percent of the exterior walls of a dwelling unit are removed or are no longer a necessary and integral structural component of the overall structure of the existing dwelling unit, then conformity with Section 17.300.020(D)(2) shall be required. Elements of the exterior wall include columns, studs, cripple walls, or similar vertical load-bearing elements and associated footings. The calculation for determining 50 percent shall be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the ceiling of the first story. Removal is cumulative and the 50 percent limit can be reached with separate permits over time.
B.
Additions. If new floor area (including accessory structure(s)) exceeding 10 percent of the existing floor area of the largest existing building on the lot, with a minimum addition of 500 square feet, is added, then conformity with Section 17.300.020(D)(2) shall be required. The limit is cumulative and can be reached over time under separate permits.
C.
The construction of a new garage shall require conformity with Section 17.300.020(D)(2).
(Ord. 2511 § 2, 2014)
§ 17.610.040 Amortization.
The Zoning Code gives the City Council the authority to establish Amortization Regulations for nonconforming uses or structures.
(Ord. 2456 § 2, 2010)
§ 17.610.045 Unlawful Uses and Structures.
Any use or structure that did not comply with the applicable provisions of this Title or prior planning and zoning regulations when established are violations of this Title and are subject to the provisions of Chapter 17.650, Enforcement. This Chapter does not grant any right to continue occupancy of property containing an illegal or unpermitted use or structure. The activity shall not be allowed to continue unless/until permits and entitlements required by this Title and the WMC are first obtained.
(Ord. 2456 § 2, 2010)
§ 17.610.050 Public Nuisance Abatement.
In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the Director in compliance with Chapter 8.20, Nuisances, of the WMC.
(Ord. 2456 § 2, 2010)
§ 17.620.005 Purpose.
This Chapter provides procedures for the amendment of the General Plan, the Zoning Map, and this Title. A General Plan Amendment may include revisions to strategies, goals, land use designations, policies, or text. Zoning Map amendments have the effect of rezoning property from one zoning district to another. Amendments to this Title may modify any procedure, provision, requirement, or standard applicable to the development or use of property within the City.
(Ord. 2456 § 2, 2010)
§ 17.620.010 Initiation of Amendments.
An amendment may be initiated by the:
A.
Council. A resolution of intention initiated by the Council.
B.
Planning Commission. A resolution of intention initiated by the Planning Commission.
C.
Staff. The Director of Community Development, or their designee, by notice to the City Manager.
D.
Property Owner. An application from a property owner.
(Ord. 2456 § 2, 2010; Ord. 2622, 6/25/2025)
§ 17.620.015 Application Filing, Processing and Review.
A.
Filing. An application for an amendment shall be completed, filed, and processed in compliance with Chapter 17.500, Applications, Processing and Fees. The application package shall include all information specified in the application, any applicable Division handout, and any additional information required by the Director in order to conduct a thorough review of the proposed project. It is the responsibility of the applicant to establish evidence in support of the findings required by Section 17.620.030, Findings.
(Ord. 2456 § 2, 2010)
§ 17.620.020 Commission Action on Amendments.
The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in Section 17.620.030, Findings.
(Ord. 2456 § 2, 2010)
§ 17.620.025 Council Action on Amendments.
Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed amendment based on the findings contained in Section 17.620.030, Findings.
If the Council proposes to adopt a substantial modification to the amendment not previously considered by the Commission during its hearings, the proposed modification may first be referred back to the Commission for its recommendation.
(Ord. 2456 § 2, 2010)
§ 17.620.030 Findings.
An amendment to the General Plan, the Zoning Map, or this Title may be approved only if all of the following findings can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.
A.
Mandatory Findings Required for All Amendments
1.
The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this Title, in the case of a Zoning Code amendment;
2.
The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
3.
The proposed amendment is in compliance with the provisions of CEQA.
B.
Additional Finding for Zoning Map Amendments. The site(s) is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development.
(Ord. 2456 § 2, 2010)
§ 17.620.035 Prezoning.
A.
Purpose. An unincorporated property within the City's sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the City. The initiation and the procedures for the prezoning shall be the same procedures that govern the rezoning of property within the City.
Upon the effective date of annexation of property that has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the City's Official Zoning Map.
B.
Commission Action on Prezoning. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in subsection D.
C.
Council Action on Prezoning. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or disapprove the proposed prezoning based on the findings contained in subsection D.
If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification may first be referred back to the Commission for its recommendation.
D.
Findings for Prezoning. A prezoning may only be approved if all of the following findings can be made:
1.
The proposed prezoning is consistent with the goals, policies, and strategies of the General Plan;
2.
The proposed prezoning would not be detrimental to the public interest, health, safety, convenience or welfare of the City; and
3.
The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested/anticipated land use development(s).
(Ord. 2456 § 2, 2010)
§ 17.630.005 Purpose.
This Chapter provides procedures for public hearings before the Commission and Council and for administrative review by the Director. When a public hearing is required by this Title, public notice shall be given and the hearing shall be conducted as provided by this Chapter.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.630.010 Notice of Public Hearings and Administrative Review.
Table 6-2, Mandatory Public Hearings or Public Reviews Before the Commission or Council, identifies the noticing requirements for public hearings or reviews before the Commission or Council. The Director, as the Zoning Administrator, is authorized to perform his or her duties, as described in this Title, without a public hearing. The Director also has the discretion on a case-by-case basis to require noticing and defer the application to the Commission for Development Review applications based on criteria including traffic, parking demand, building shade and shadow, noise, historic significance and other potential impacts. Development Review applications not exempt from the California Environmental Quality Act (CEQA) will be automatically subject to a public hearing before the Commission.
Table 6-2 Mandatory Public Hearings or Public Reviews Before the Commission or Council | |||
|---|---|---|---|
Deadline | Type of Notice Required | ||
Mailed Notice 10 days before the date of the public hearing or review | Published Notice 10 days before the date of the public hearing or review | Posted Notice 10 days before the date of the public hearing or review | |
Type of Discretionary Review Application: | |||
Affordable Housing Density Bonus Agreement | ✓ | ✓ | ✓ |
Comprehensive Plan | ✓ | ✓ | ✓ |
Conditional Use Permit (CUP) | ✓ | NA | ✓ |
Development Agreement | ✓ | ✓ | ✓ |
Development Review2 | ✓ | NA | ✓ |
General Plan Amendment: | |||
Land Use Plan Change | ✓ | ✓ | ✓ |
Text Amendment | NA | ✓ | ✓1 |
Major Wireless Telecommunications Facility Permit | ✓ | ✓ | ✓ |
Specific Plan | ✓ | ✓ | ✓ |
✓ | NA | ✓ | |
Variance | ✓ | NA | ✓ |
Zoning Code/Map Amendment: | |||
Map Change | ✓ | ✓ | ✓ |
Text Amendment | NA | ✓ | ✓1 |
Notes: | |
|---|---|
✓ = Required; NA = Not Applicable | |
1 | Posting only at the public places as required by Section 1.28.010 of WMC. |
2 | Only if the Director requires a public notice and defers the application to the Commission for action or if the application is not exempt from CEQA. |
A.
Mailed Notice. Written notices for public hearings identified in Table 6-2 and scheduled for the Commission or Council shall be given in the following manner:
1.
Notices shall be mailed, postage prepaid, to the following:
a.
The applicant, occupants, and owner(s), or their agents, of the property being considered.
b.
The owners and occupants of all property within a radius of 500 feet of the exterior boundaries of the property or the perimeters of the premises of the proposed use or development involved in the application. This subsection establishes the minimum mailed notice requirements and shall not preclude the provision of notice to a greater number of persons.
c.
Each local agency expected to provide water, sewage, streets, schools, or other essential public facilities or services to the project, whose ability to provide the facilities and services may be significantly affected.
d.
A person who has filed a written request for notice with the Director and has paid the fee established by the most current City Council Fee Resolution for the notice.
2.
Notices shall be mailed at least 10 days before the date scheduled for the public hearing, review or action.
3.
For the purposes of this notification, the last known name and address of each property owner as identified in the records of the Orange County Assessor shall be used, unless a more current source of this information is known.
4.
The address of occupants shall be determined by visual site inspection or other reasonably accurate means. The occupant notice requirement can be met by mailing the notice to the occupant(s).
5.
At the time of filing the application, the applicant or designee shall provide a list of property owners and occupants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in compliance with the requirements of this Section.
6.
The City shall prepare the notice, which shall clearly state:
a.
The date, place, and time of the scheduled hearing;
b.
The name of the hearing body or decision maker;
c.
A general explanation of the matter to be considered;
d.
A general description, in text or by diagram, of the location of the subject property;
e.
The manner in which additional information may be received;
f.
Any other pertinent information deemed appropriate by the Director;
g.
If a proposed Negative Declaration or Final Environmental Impact Report (EIR) has been prepared for the project in compliance with the City's use of the State-promulgated CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed Negative Declaration or certification of the Final EIR.
7.
The Director has the discretion, on a case-by-case basis, to require the applicant to expand the mailing list beyond the minimum mailing area identified in subsection A.1.b, based on criteria including traffic impact, parking demand, building shade and shadow, noise corridor, cul-de-sac street, and other potential impact(s) and physical boundaries that could help delineate the impact area.
8.
In the event a public hearing or review is opened but continued to a date certain by the Commission or Council, further notice is not required but may be given at the Director's discretion.
9.
The failure of any person or addressee to receive a written mailed notice shall not invalidate the public hearing or review proceedings, and the Commission or the Council may continue the public hearing or review at its discretion in compliance with subsection A.7.
10.
If the City is responsible for printing and mailing the notices required by this Section, the City may charge a fee, in an amount set by resolution to cover the costs of printing and mailing such notices. If the City requires applicants to print and mail the notices required by this Section, the City shall not charge a fee to cover the costs of mailing such notices.
B.
Published Notice. Published notices of public hearings or reviews identified in Table 6-2 before the Commission and the Council shall be given in the following manner:
1.
Ten-day notice. A notice shall be published at least once in a local newspaper of general circulation in the City not less than 10 days before the date of the public hearing or review. The Director has the discretion to publish the notice in other newspapers.
2.
Content of notice. The content of the notice of a public hearing shall be provided in compliance with subsections A.5.a through g.
C.
Posted Notice. In addition to the mailed notice and published notice identified in subsections A and B, not less than ten days prior to a public hearing, posted notice(s) for a public hearing or review before the Commission or Council for the applications identified in Table 6-1 and concerning specific real property, shall be conspicuously posted, at the site to which the application pertains, by the applicant, in a manner approved by the Director. The Director has the discretion to require posting of multiple notices to ensure appropriate level of visibility. The applicant shall submit an affidavit of sign posting on a form prescribed by the Director and a photograph of the sign(s) on-site. Notices shall also be posted at locations designated by Section 1.28.010 of the WMC. All posted notices shall be entitled, "Public Notice," and the words shall be printed in letters not less than one-inch in height.
D.
Notice of Administrative Use Permits and Administrative Adjustment Applications. A notice regarding the administrative review of an Administrative Use Permit application shall indicate that a public hearing shall not be required unless requested in writing to the Director, before or upon the anticipated date of decision by the Director. Upon receipt of a written notice requesting a public hearing regarding an Administrative Use Permit application, the Director shall schedule a public hearing before the Planning Commission, subject to the provisions stated in this Chapter regarding public hearings before the Planning Commission, with the exception that the minimum mailing radius for the public hearing notice shall be the same as specified for an Administrative Use Permit, as specified in Table 6-3, Mailed Notification Requirements for Administrative Discretionary Review Applications.
Table 6-3 Mailed Notification Requirements for Administrative Discretionary Review Applications | |||
|---|---|---|---|
Type of Administrative Review | Chapter/Section Reference | Minimum Notice Requirement | |
Mailed Notice | Mailing Deadline | ||
Administrative Use Permits | 17.550 | All property owners and occupants within a 300-foot radius1 | 10 days before the anticipated date of the decision by Director2 |
Administrative Adjustments | 17.550 | All adjacent (contiguous) property owners and occupants | 10 days before the anticipated date of the decision by Director |
Development Review if noticing is required and subject to Director's action | 17.520 | All property owners and occupants within a 500-foot radius | 10 days before the anticipated date of the decision by the Director |
Discretionary Administrative Wireless Telecommunications Facility Permit | 17.400.177 | All property owners and occupants within a 300-foot radius | 10 days before the anticipated date of the decision by the Public Works Director |
Notes: | |
|---|---|
1 | For large family day care, notice shall be mailed to property owners only within 100-foot radius. |
2 | See Section 17.400.035 for provisions related to large family day care. |
F.
Effect of Notification Requirements. Nothing in the public-notification requirements identified in this Section is intended to supersede the procedures established in this Chapter for other discretionary reviews.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011; Ord. 2490 § 2, 2012; Ord. 2557 §§ 4, 5, 2019; Ord. 2580U § 12, 2022)
§ 17.630.012 Nonpublic Hearing Notices.
The Director has the discretion on a case-by-case basis to require noticing for Development Review applications based on criteria including traffic, parking demand, building design, scale, shade or shadow, noise and other potential impacts. When a notice is required, prior to the Director's decision, public notice shall be mailed in accordance with Section 17.630.010 except the notice shall indicate the Director's decision date instead of information regarding a public hearing. Such notice shall include information about the proposed project, the Director's pending decision, and information about when and how and appeal may be filed.
(Ord. 2490 § 2, 2012)
§ 17.630.015 Notice of Decision by Director.
If circumstances require, the Director's decision may occur on a date later than the date provided in the public notice. The decision may not occur on a date earlier than the date provided in the public notice. The Director may record the decision, refer the matter to the Commission for determination. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City. The Director shall report its action to the Commission and Council within the 15-day appeal period.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.630.020 Notice of Decision by Commission.
The Commission may announce and record the decision at the conclusion of a scheduled hearing or defer action, take specified items under advisement, and announce and record the decision at a later date. The decision shall contain applicable findings, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the public health, safety, and general welfare of the City. The Director shall report the action of the Commission to the Council within the 15-day appeal period.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.630.025 Finality of Decision by Director or Commission.
The decision of the Director or Commission is final unless appealed in compliance with Chapter 17.640, Appeals.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.630.030 Recommendation by Commission.
At the conclusion of a public hearing on a Comprehensive Plan, Development Agreement, Specific Plan, prezoning, or a proposed amendment to the General Plan or Zoning Map/Code, the Commission shall forward a recommendation, including all required findings, to the Council for final action.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.630.035 Notice of Decision by Council.
For an application requiring Council approval and/or for an application that has been appealed to the City Council, the Council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the Council, any conditions of approval, and the reporting/monitoring requirements deemed necessary to mitigate impacts and protect the public health, safety, and general welfare of the City.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.630.040 Mailing of the Notice of Decision.
Within 10 working days after the final decision or recommendation is rendered by the appropriate review authority, a notice of the decision, recommendation, any applicable conditions of approval, and any reporting/monitoring requirements shall be mailed to the applicant at the address shown on the application. A copy of the notice shall also be sent to the property owner, if different from the applicant, and to all other persons who have filed a written request for notice.
(Ord. 2456 § 2, 2010; Ord. 2490 § 2, 2012)
§ 17.640.005 Purpose.
This Chapter provides procedures for:
A.
The Council's review of a decision rendered by the Commission;
B.
The Commission's review of a decision rendered by the Director;
C.
The simultaneous request for an appeal by the Council and Commission;
D.
The filing of an appeal, by other than the Council or Commission, of a decision rendered by the Director or Commission.
(Ord. 2456 § 2, 2010)
§ 17.640.010 Commission Review.
A member of the Commission may request the opportunity to discuss any decision previously rendered by the Director; however, a majority vote of the Commission is required to initiate an appeal of the decision. Once the vote to initiate an appeal is passed by a majority, the matter shall be scheduled for hearing.
(Ord. 2456 § 2, 2010)
§ 17.640.015 Council Review.
A member of the Council may initiate an appeal of any decision previously rendered by the Director or Commission; once an appeal is initiated, the matter shall be scheduled for hearing. The decision of the Council on the appeal shall be final and shall become effective upon adoption of the resolution by the Council.
(Ord. 2456 § 2, 2010)
§ 17.640.020 Appeal by the Council and Commission.
If members of the Commission and Council file an appeal from the same decision, the matter shall be scheduled for Council determination. The Council shall determine whether the appeal shall be considered, and if so, by which review authority. Once the Council determines that the appeal should be heard, the appeal shall be scheduled for hearing by the review authority designated by the Council.
(Ord. 2456 § 2, 2010)
§ 17.640.025 Appeals of Decisions.
An appeal filed by other than the Council or Commission shall be heard by the following review authorities:
A.
Director Appeals. A decision rendered by the Director may be appealed to the Commission.
B.
Commission Appeals. A decision rendered by the Commission may be appealed to the Council.
(Ord. 2456 § 2, 2010)
§ 17.640.030 Filing and Processing of Appeals.
A.
Timing and Form of Appeal. Appeals shall be submitted in writing and filed with the Division or City Clerk, as applicable, within 15 days after the decision date identified in the notice of decision. Appeals addressed to the Commission shall be filed with the Division, while appeals addressed to the Council shall be filed with the City Clerk. The appeal shall specifically state the pertinent facts of the case and the basis for the appeal, as required by subsection D. Appeals shall be accompanied by the filing fee established by the most current City Council Fee Resolution.
B.
The Number of Days Shall be Construed as Calendar Days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed.
C.
Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter and schedule the matter for consideration by the appropriate review authority.
D.
Required Statement and Evidence
1.
Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
2.
Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential impacts.
3.
Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
E.
Action. If the matter originally required a noticed public hearing, the Division or City Clerk, as applicable, shall notice the hearing in compliance with Section 17.640.035, Notice for Appeal Hearings. At the hearing, the review authority may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.
1.
By resolution, the review authority may affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal.
2.
When reviewing an appeal, the review authority may amend or adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.
3.
When reviewing an appeal, the review authority may disapprove the land use entitlement approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval.
4.
If new or different evidence is presented on appeal, the Commission or Council may, but shall not be required to, refer the matter back to the Director or Commission for further consideration.
(Ord. 2456 § 2, 2010; amended during Supplement No. 20, 1/12)
§ 17.640.035 Notice for Appeal Hearings.
A.
Appeal of Commission's Decision. Where an appeal of a Commission decision made following a public hearing noticed in compliance with Section 17.630.010, Notice of Public Hearings and Administrative Review, is filed with the City Clerk and a hearing on the merits of the appeal is placed in the Council agenda, notice shall be given in compliance with Section 17.630.010, unless the Council determines otherwise. An appeal of a Commission action that was not subject to a public notice does not require notice when the matter is placed in the Council agenda unless the Director determines otherwise.
B.
Appeal of Director's Decision. Notice of the appeal shall be mailed to all persons who previously received notice of the Director's decision at least 10 days before the scheduled public hearing or review.
(Ord. 2456 § 2, 2010)
§ 17.640.040 Notice of Final Decision by Commission.
Within 10 working days after the final decision is rendered by the Commission, a notice of the decision and any applicable conditions of approval shall be mailed to the appellant at the address shown on the application. A copy of the notice shall also be sent in compliance with Section 17.630.040, Mailing of the Notice of Decision.
(Ord. 2456 § 2, 2010)
§ 17.640.045 Pending Appeal.
While an appeal is pending, the establishment of any affected use or structure shall be held in abeyance and all permits and licenses issued for the use or structure shall be stayed.
(Ord. 2456 § 2, 2010)
§ 17.650.005 Purpose.
This Chapter provides procedures that are intended to ensure compliance with the requirements of this Title and the conditions of a land use permit approval.
(Ord. 2456 § 2, 2010)
§ 17.650.010 Violations.
A.
Public Nuisance. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Title or any condition of approval, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.
B.
Stop Work Order. Construction in violation of this Title or any condition imposed through this Title shall be subject to the issuance of a "Stop Work Order." A violation of a Stop Work Order shall constitute a misdemeanor.
C.
Penalty. Any violation of or failure to comply with the provisions of this Title shall be deemed to be a misdemeanor, and punishable as such, notwithstanding the fact that at the discretion of the City Attorney, the violation of any Section of this Title may be prosecuted as an infraction. Each day a violation of any provision of this Title continues shall be a new and separate violation.
(Ord. 2456 § 2, 2010)
§ 17.650.015 Remedies Not Exclusive.
All remedies contained in this Title for the handling of violations or enforcement of the provisions of this Title are not mutually exclusive of any other applicable provisions of City, County, State, or Federal law and do not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations.
(Ord. 2456 § 2, 2010)
§ 17.650.020 Inspection.
Every owner and applicant seeking an approval or any other action through this Title shall allow authorized City officials, or their designees, reasonable access to any premises or property that is the subject of the approval or other action. Once an approval or other action has been granted in compliance with this Title, the owner or applicant shall allow authorized City officials, or their designees, access to the premises where there is reasonable cause to believe the premises or property is not in compliance with the approval or other action.
(Ord. 2456 § 2, 2010)
§ 17.650.025 Additional Permit Processing Fees.
Any person who establishes a land use, or alters, constructs, enlarges, erects, maintains, or moves a structure without first obtaining a permit required by this Title, or any condition imposed through this Title, shall pay the additional permit processing fees established by the most current City Council Fee Resolution for the correction of the violation before being granted a permit for a use or structure on the site.
(Ord. 2456 § 2, 2010)
§ 17.660.005 Purpose.
This Chapter provides procedures for securing revocation or modification of previously approved applications, permits and entitlements.
(Ord. 2456 § 2, 2010)
§ 17.660.010 Hearings and Notice.
The appropriate regulatory authority shall hold a public hearing to determine if an application, permit, or entitlement granted in compliance with the provisions of this Title should be revoked or modified. Written notice shall be mailed (except for Temporary Use Permits) at least 20 days before the public hearing to the project applicant and/or property owner, as identified in the records of the Orange County Assessor, unless a more current source of this information is known.
(Ord. 2456 § 2, 2010)
§ 17.660.015 Review Authority Action.
A.
Authority to Initiate Permit Revocation or Modification. A decision to initiate a revocation or modification of a land use permit or entitlement may be made by the Director, Planning Commission or City Council.
B.
Permit Revocation or Modification. A land use permit or entitlement may be revoked or modified by the review authority (e.g., Director, Commission or Council) which is granted the decision authority as specified in Table 5-1, Review Authority, of this Title if any one of the following findings can be made:
1.
Circumstances under which the permit or entitlement was granted have been changed to a degree that one or more of the findings contained in the original permit can no longer be made in a positive manner and the public health, safety, and general welfare require the revocation of the permit.
2.
The permit or entitlement was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement(s) in the application or in the applicant's testimony presented during the public hearing for the permit or entitlement.
3.
One or more of the conditions of the permit have not been substantially fulfilled or have been violated.
4.
The use or structure for which the permit was granted has ceased to exist or has been suspended for at least one year.
5.
The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute.
6.
The improvement/use allowed by the permit has become detrimental to the public health, safety, or general welfare, or the manner of operation constitutes or is creating a nuisance.
(Ord. 2456 § 2, 2010)