Yorba Linda City Zoning Code
CHAPTER 18
36 ADMINISTRATION
§ 18.36.010 Purpose.
In order to ensure that the zoning regulations will permit all similar uses in each zone, the Community Development Director, upon his or her own initiative or upon written request shall determine whether a use not specifically listed as a permitted or conditional use in any zone shall be deemed a permitted use or a conditional use in one or more zones on the basis of similarity to uses specifically listed. All interpretations relative to uses or other ambiguities that may arise may be referred to the Planning Commission for review if the Director determines on a case-by-case basis that the public interest would be better served by such referral. The procedures of this article shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.020 Application requirements.
Application for determination of similar uses shall be made in writing to the Community Development Director and shall include a detailed description of the proposed use and such other information as may be required by the Community Development Director to facilitate the determination.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.030 Investigation and report.
The Community Development Director shall make such investigations of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed. The determination of the Director shall be made in written form. If the Director determines that the matter is to be referred to the Planning Commission in accordance with the provisions of Section 18.36.010, a written report of his or her findings shall be made to the Planning Commission.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.100 Intent.
In order to safeguard and enhance the appearance and quality of development of the City, design review by the Planning Commission shall be required prior to the issuance of any building permit for single-family subdivision development, multiple-family developments, mobile home parks, individual manufactured or mobile homes, commercial or industrial establishments and public or semipublic uses.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.110 Purpose.
A.
The purpose of this article is to meet the standards, intent and other provisions as stipulated in Chapter 18.26, Design Standards of this title.
B.
Design review by the Planning Commission, when applicable, is included in this article to achieve the following additional purposes:
1.
To ensure the development, buildings or structures will conserve the values of adjacent properties and will not prove detrimental to the character of buildings or uses already established in the area.
2.
To ensure that the proposed development will be properly related to its site and to surrounding sites and structures, and, to prevent the erection of structures that would be inharmonious with their surroundings.
3.
To ensure that sites, projects and structures subject to design review are developed with due regard for the aesthetic qualities of the natural terrain and landscape, and, that trees and shrubs are not indiscriminately destroyed.
4.
To ensure that the design and exterior architecture of proposed structures will not be so at variance with either the design or exterior architecture of the structure already constructed or being constructed in the immediate neighborhood as to cause a substantial depreciation of property values in the neighborhood.
5.
To ensure that open spaces, parking areas, and landscaping are designed to enhance the visual and physical use of the property and to screen deleterious uses.
6.
To ensure that the proposed development complies with all of the provisions of this title.
C.
In performing the duties of the design review, the Planning Commission shall bar the unsightly, the inharmonious, the monotonous and the hazardous to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby; however, originality in site planning, architecture, landscaping and graphic design shall not be suppressed.
D.
Review shall include exterior design, materials, textures, colors and means of illumination.
E.
The Planning Commission shall be guided by the principle of consistency in the use of material and color control, recognizing that visual interest should be created through original design rather than through the application of cosmetic ornament.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.120 Plans and drawings to be submitted.
In addition to meeting all of the other requirements of this title, any applicant for a building permit for the establishment of single-family subdivision developments, multiple-family development, mobile home parks, individual manufactured or mobile homes, the establishment or alteration of commercial, industrial, public or quasi-public uses, shall submit the following plans and drawings to the Community Development Department for Planning Commission review:
A.
A site plan, drawn to scale, showing the proposed location of structures and other improvements including, where appropriate, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences and walls. The site plan shall indicate the locations of off-street parking areas including entrances and exits and the direction of traffic flow into and out of off-street parking areas.
B.
A landscape plan, drawn to scale, showing the locations of existing trees proposed to be retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features including sprinkler and irrigation systems.
C.
Architectural drawings or sketches, drawn to scale, including floor plans in sufficient detail to permit computation of yard requirements and showing all elevations of the proposed structures as they will appear upon completion; all exterior surfacing materials and colors shall be specified.
D.
Accurate scale drawings of all signs indicating their size, material, color and illumination, if any.
E.
Grading and drainage plans.
F.
Such other data as may be required to permit the Planning Commission to ensure that the purposes of this section are satisfied.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.130 Approval lapse when.
Design review approval shall lapse and shall be void one year following the date upon which the plans and drawings were approved unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion. The Community Development Director may approve a one year extension of time provided a request in writing from the applicant is received prior to the expiration.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.140 Courtesy noticing.
A.
For any property located within the Housing Element's housing sites inventory, a courtesy notice shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the design review.
B.
The project applicant shall provide all information and documentation necessary to satisfy the notice requirements of this section. The project applicant shall pay all costs associated with the notice requirements of this section.
(Ord. 2024-1110, 7/16/2024)
§ 18.36.200 Purpose.
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 considerations 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 Planning Commission, and for certain items as identified in Section 18.38.050, the Zoning Administrator 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, subject to the right of appeal to the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.210 Application-Data and map requirements.
Application for a conditional use permit shall be filed with the Community Development Director on a form prescribed by the Community Development Director and shall include the following data and maps:
A.
Name and address of the applicant.
B.
Statement that the applicant is the owner or the 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.
Statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a use permit prescribed in Section 18.36.235.
E.
A list of all owners of property located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.
F.
Plot plans and elevations, fully dimensioned, 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 in the plans.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.220 Application-Fee required.
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this article.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.225 Application-Investigation and report.
The Community Development Director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to the public hearing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.230 Application-Public hearing required.
The Planning Commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Article 8. At the public hearing, the Commission shall review the application and drawings submitted therewith and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 18.36.235.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.235 Application-Findings required.
The Planning Commission 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 title 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 title, except for approved variances.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.240 Application-Planning Commission action.
A.
Within 21 days following the closing of the public hearing on a conditional use permit application, the Planning Commission shall act on the application.
B.
The Commission may grant by resolution a conditional use permit as the permit was applied for or in modified form, or the application may be denied.
C.
A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe.
D.
Conditions may include, but shall not be limited to:
1.
Requiring special yards, open space, buffers, fences and walls:
2.
Requiring installation and maintenance of landscaping;
3.
Requiring street dedications and improvements;
4.
Regulation of points of vehicular ingress and egress;
5.
Regulation of traffic circulation;
6.
Regulation of signs;
7.
Regulation of hours of operation and methods of operation;
8.
Control of potential nuisances;
9.
Prescribing standards for maintenance of buildings and grounds;
10.
Prescription of development schedules and development standards and such other conditions as the Commission may deem necessary to ensure compatibility of use with the surrounding developments and uses and to preserve the public health, safety, and welfare.
E.
The height of a commercial or office building shall be reason for denial of a conditional use permit.
F.
Variations from regulations prescribed elsewhere in this title 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 Article 5 of this chapter.
G.
Decisions of the Planning Commission shall be by majority of the quorum.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.250 New application following denial.
Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.255 Lapse when-Renewal.
A.
A conditional use permit shall lapse and shall become void one year following the date on which the conditional use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application, or a certificate of occupancy is issued for the structure which was the subject of the use permit 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 Planning Commission.
B.
A conditional use permit subject to lapse may be renewed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the use permit is filed with the Commission.
C.
The Commission may grant or deny an application for renewal of a conditional use permit.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.260 Preexisting conditional uses.
A.
A conditional use legally established prior to October 2, 1972, 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.
A conditional use permit shall be required for the reconstruction of a structure housing a preexisting 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 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.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.265 Modification allowed when.
Sections 18.36.210 through 18.36.255 and Section 18.36.265 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modification may be approved by the Community Development Director if he or she determines that the changes would not affect the findings prescribed in Section 18.36.235.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.270 Termination.
A.
A conditional use permit may be terminated for one or more of the following:
1.
That the use for which such approval was granted has ceased to exist or has been inoperative for a period of six consecutive months or more.
2.
That the approval was obtained by fraud.
3.
That the use has been exercised contrary to, or in violation of, any statute, law, ordinance, regulation, or condition of approval applicable thereto.
4.
That the use is exercised in a manner to be detrimental to the public health or safety, or so as to constitute a nuisance.
5.
That changed circumstances result in facts or findings originally granted which no longer exist.
B.
A public hearing shall be held by the Planning Commission to determine if grounds exist for the termination of a conditional use permit.
C.
The public hearing shall be set and notice given as prescribed in Article 8.
D.
The action by the Planning Commission to terminate a conditional use permit shall become final within 15 days, unless an appeal is filed.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.275 Suspension and revocation.
Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically. The Planning Commission shall hold a public hearing within 40 days, in accordance with the procedure prescribed in Section 18.36.230, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. The decision shall become final 15 days following the date on which the conditional use permit was revoked or modified unless an appeal has been filed within the prescribed 15-day appeal period, in which case Section 18.36.820 shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.280 Permit to run with land.
A conditional use permit granted pursuant to the provisions of this article 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 use permit application.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.285 Application for use permit and change of zone may be made concurrently.
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 Planning Commission shall hold the public hearing on the zoning reclassification and the use permit at the same meeting and may combine the two hearings. For the purposes of this article, the date of the Commission decision on the use permit application shall be deemed to be the same as the date of enactment by the City Council of an ordinance changing the zoning boundaries, provided that if the Council modifies a recommendation of the Commission on a zoning reclassification which affects the conditional use permit, the conditional use permit application shall be reconsidered by the Commission in the same manner as a new application.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.300 Authority.
The purpose of this section is to grant authority to the Zoning Administrator in accordance with the provisions of Chapter 18.38 of this title to take action on requests for minor modifications or adjustments to certain requirements of this chapter when such requests constitute a reasonable use of property not permissible under a strict or literal interpretation of the regulations.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.310 Application-Public notice.
Administrative adjustments are a non-public hearing matter and are not subject to the public noticing requirements of Section 18.36.700. However, applications for adjustment shall include a list and notification of all abutting property owners of the exterior boundaries of the subject property and those additional properties deemed advisable by the Zoning Administrator.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.320 Application-Fee required.
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed by this article. A single application may include requests for adjustments from more than one regulation applicable to the same site, or for adjustments on two or more properties.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.330 Animal husbandry activities or projects allowed when.
For any agricultural or animal husbandry activity or project conducted on a temporary basis primarily for educational purposes or school credits, an administrative adjustment may be granted in any district when determined by the Community Development Director that such use does not cause a public nuisance relative to sanitation and health conditions. The requirements of Sections 18.36.310 and 18.36.320 shall not apply to such activities.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.335 Application-Findings required.
The Zoning Administrator shall make the following findings before granting an administrative adjustment:
A.
That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B.
That the granting of the administrative adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which said property is situated.
C.
That the granting of the administrative adjustment does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.
(Ord. 2019-1056 § 3)
§ 18.36.340 Adjustments for individuals with disabilities.
The purpose of this section is to provide a mechanism through which the City can, in compliance with Federal law, grant reasonable adjustments to the strict requirements of this title where necessary to avoid discrimination against individuals with disabilities.
A.
The following procedures shall apply:
1.
The Zoning Administrator shall be the decision-maker for applications for such adjustments; provided, however, the decision-maker shall be the Planning Commission when such applications are combined with an application for a design review, conditional use permit or variance, parcel map, tract map, or other discretionary action requiring review and approval by the Planning Commission.
2.
The application, notice, and hearing procedures for considering applications for such exceptions shall be as set forth in Section 18.36.310, unless the request for such modification is being processed concurrently with another discretionary permit, in which case the procedures and requirements pertaining to that discretionary permit shall apply.
3.
An individual with a disability, or designated representative, may request that any applicable development standard be modified to prevent discrimination against such individual on the basis of the individual's disability. Such adjustments shall not be granted to any applicable development standard relating to gross floor area, density or lot coverage.
4.
Any adjustment granted for an individual with a disability shall be a personal accommodation for the individual applicant and shall not run with the land. Prior to the issuance of a building permit for such adjustment, the permittee shall execute a notarized statement to permit the City to inspect the affected premises at least annually to verify compliance with this section and with any applicable conditions of approval. Prior to any transfer of interest in the premises, the permittee shall notify the transferee of the existence of the adjustment, the personal status of the adjustment and the requirement that the transferee apply for a new adjustment as necessary. Once such transfer takes effect, the adjustment shall have no further validity.
B.
Findings. After notice and a hearing, the decision-maker shall grant the application for adjustment upon making all of the following findings:
1.
The individual requesting the adjustment is a qualified individual with a disability.
2.
The requested adjustment to the strict requirements of this title is a reasonable modification on the part of the City made necessary by Federal law to avoid discrimination on the basis of disability, and to assure that the qualified individual with a disability has the opportunity to enjoy the rights, privileges, and opportunities available to residents or property owners, as applicable, in the same zoning classification.
3.
All or any necessary conditions have been imposed to ensure that the adjustment shall not be detrimental to the public health and safety.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.400 Authority.
A.
Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title 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 title.
C.
The Planning Commission 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 a public street. For certain items as identified in Section 18.38.060 variances may be granted by the Zoning Administrator subject to the requirements as prescribed in Chapter 18.38.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.410 Application-Data and plan requirements.
Application for a variance shall be filed with the Community Development Director on a form prescribed by the Director and shall include the following data and plans:
A.
Name and address of applicant.
B.
Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variance is being requested.
C.
Address and legal description of the property.
D.
Statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objective 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 Section 18.36.445.
E.
An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities and landscaped areas.
F.
A list of all owners of property located within 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.
The Community Development Director may require additional information on plans, if they are necessary, to enable a determination as to whether the circumstances prescribed for the granting of a variance exist. The Director may waive the requirement to submit any or all of the plans and drawings required by this section if they are not necessary.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.420 Application-Fee required.
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this article. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more adjacent sites with similar characteristics.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.430 Application-Investigation and report.
The Community Development Director shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant prior to public hearing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.435 Application-Public hearing required.
The Planning Commission shall hold a public hearing on an application for a variance. The hearing shall be set and notice given as prescribed in Article 8 of this chapter. At a public hearing, the Commission shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variance, particularly with respect to the findings prescribed in Section 18.36.445.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.440 Application-Planning Commission action.
A.
Within 21 days following the close of the public hearing on a variance application, the Planning Commission shall act on the application. The Commission may grant by resolution a variance as the variance was applied for or in modified form, or the application may be denied. A variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Commission may prescribe. Upon failure to act within the prescribed 21-day period, the commission shall lose jurisdiction and an appeal may be taken to the City Council as prescribed in Article 9.
B.
Decisions of the Planning Commission shall be by a majority of the quorum.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.445 Findings.
The Planning Commission may grant a variance to a regulation prescribed in this title 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 or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the circumstances prescribed in subsections A, B and C of this section do apply.
A.
That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
B.
That the granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which said property is situated.
C.
That the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.450 Applicability to parking.
The Planning Commission may grant a variance to a regulation prescribed by this title 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 Commission makes findings of fact that establish that the circumstances prescribed in Section 18.36.445 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 a 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 title.
Notwithstanding Section 18.36.445, the Planning Commission may grant a variance to off-street parking regulations for nonresidential developments proposing to provide parking spaces off site, or proposing in-lieu fees or facilities, if both of the following conditions are met:
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.460 Lapses-Renewal.
A.
A variance shall lapse and become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.
B.
A variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the variance or the renewal became effective, an application for renewal of the variance is filed with the Community Development Director.
C.
The Planning Commission may grant or deny an application for renewal of a variance.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.465 Suspension and revocation.
Upon violation of any applicable provision of this title, or, if granted subject to conditions, upon failure to comply with conditions, a variance shall be suspended automatically. The Planning Commission shall hold a public hearing within 40 days, in accordance with the procedure prescribed in Section 18.36.435, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the variance or take such action as may be necessary to ensure compliance with the regulation, general provision or condition. The decision shall become final 15 days following the date on which the variance was revoked or modified unless an appeal has been filed within the prescribed 15-day appeal period, in which case Section 18.36.820 shall apply.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.470 Termination.
A.
A variance may be terminated for one or more of the following:
1.
That the use for which such approval was granted has ceased to exist or has been inoperative for a period of six consecutive months or more.
2.
That the approval was obtained by fraud.
3.
That the use has been exercised contrary to, or in violation of, any statute, law, ordinance or regulation, or condition of approval applicable thereto.
4.
That the use is exercised in a manner to be detrimental to the public health or safety, so as to constitute a nuisance.
5.
That changed circumstances result in facts or findings originally granted which no longer exist.
B.
A public hearing shall be held by the Planning Commission to determine if grounds exist for the termination of a variance.
C.
The public hearing shall be set and notice given as prescribed in Article 8.
D.
The action by the Planning Commission to terminate a variance shall become final within 15 days, unless an appeal is filed.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.475 New application following denial.
Following the denial or revocation of a variance application, no application for a variance for the same or substantially the same variance on the same or substantially same site shall be filed within one year of the date of denial or revocation of the variance.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.480 Limitation of applicability.
Unless otherwise specified at the same time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.500 Terms and conditions.
A temporary use permit may be issued by the Community Development Director for temporary signage, structures or other similar interim uses as stipulated within this title. An application shall be filed and the time period shall not exceed any such period as stated in this title as it pertains to a specific use. In cases where no time period is stipulated, the Director shall specify the period including method of removal of the temporary use and any penalties for failure to remove. A fee may be established for a temporary use permit by City Council resolution.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.600 Purpose of provisions.
The General Plan may be amended by changing the land use designations or any provisions of any individual element thereof; or the zoning map and zoning regulations may be amended by changing the boundaries of any zone or by changing any zone regulations or any other provision of this title in accord with the procedure prescribed in this article.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.610 Initiation procedure.
A.
A change in the land use designations of the General Plan or in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in zone boundaries as prescribed in this article. If the property for which a change of zone 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 Planning Commission or the City Council.
C.
A change in the General Plan land use designations or any provision of any element therein may be initiated by resolution of the City Planning Commission or the City Council. Any mandatory element of the General Plan may not be amended more than four times per year; however, each amendment may include more than one change to the General Plan or any component element thereof.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.620 Approving authority.
Any amendment to the General Plan, General Plan element (whether mandatory or permitted) may only be accomplished by City Council resolution after a public hearing in accordance with the provisions of Sections 18.36.660 and 18.36.670. Any change in zone boundaries or any change in zoning regulations as specified by this title, may only be accomplished by City Council ordinance after a public hearing in accordance with the provisions of Sections 18.36.660 and 18.36.670. Prior to the City Council public hearing and action, the Planning Commission shall hold a public hearing in accordance with the aforesaid Sections and by resolution make a recommendation to the City Council to adopt the amendment as proposed, adopt with modifications, or to deny the proposed amendment. In the case of a Zoning Code amendment, the Planning Commission shall make a General Plan consistency finding.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.630 Application requirements.
A property owner desiring to propose a change in the General Plan land use designation and/or boundaries of the zone in which his property is located, or his authorized agent, may file with the Community Development Director an application for a General Plan amendment and/or change in zone boundaries on a form prescribed by the Director and shall include the following data:
A.
Name and address of applicant.
B.
Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change is proposed.
C.
Address and legal description of the property.
D.
An accurate scale drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the Community Development Director to be necessary to illustrate the relationship to and impact on the surrounding area.
E.
The Community Development Director may require additional information or maps if they are necessary to enable the Planning Commission to determine whether the change is consistent with the objectives of this title. The Director may authorize omission of the map required by this article if it is not necessary.
F.
A list of all owners of properties located within 300 feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.640 Application-Fee required.
The application shall be accompanied by a fee established by resolution of the City Council to cover the cost of processing the application as prescribed in this article.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.650 Investigation and report.
The Community Development Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the Planning Commission and to the applicant prior to the public hearing. The Director shall forward to the City Council the Planning Commission's report, resolution with recommendation, Planning Commission minutes, and any other material or reports generated during the Planning Commission public hearing.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.660 Public hearing required.
The Planning Commission shall hold at least one public hearing on each application or proposal for a General Plan Amendment, change in zone boundaries or for a change of the zoning regulations. The hearing shall be set and notice given as prescribed in Article 8.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.665 Public hearing procedure.
At the public hearing, the Planning Commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of this title, the General Plan and the development policies of the City.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.670 Planning Commission action.
Within 21 days following the closing of the public hearing, the Planning Commission shall make a specific finding as to whether the change is consistent with the objectives of this title and whether the change is consistent with the General Plan and its various elements, and shall recommend to the City Council that the application be granted, granted in modified form, or denied, or that the proposal be adopted, adopted in modified form, or rejected. Decisions of the Planning Commission shall be by a majority vote of the quorum.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.675 City Council action.
The City Council shall hold at least one public hearing on an application or proposal under this article within 40 days after receipt of the resolution and report of the Planning Commission. Within 21 days following the closing of a public hearing, the City Council shall make a specific finding as to whether the change is consistent with the policies, goals and objectives of the General Plan and/or the objectives of this title. If the City Council finds that the change is consistent, it shall adopt a resolution amending the General Plan, or introduce an ordinance amending the zoning map and/or zoning regulations, as appropriate. If the City Council finds that the change is not consistent, it shall deny the application or reject the proposal.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.680 Allowance of new application.
Following the denial of an application for a General Plan amendment, change in zone boundaries and/or a change in zoning regulations, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.685 Change of zoning map.
A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.690 Technical amendments.
Technical amendments, consisting of changes to the zoning map or text, which are due to errors, or changes which clarify meanings, and which do not alter the intent and purpose of the provisions, may be approved by the Community Development Director without a public hearing, provided such amendments with respect to a technical amendment shall be subject to appeal in accordance with the provisions of Article 9 of this chapter.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.700 Public hearing-Time and notice requirements.
A.
Within 30 days of receipt of an application, the Community Development Director shall determine if an application is complete or incomplete, and shall transmit the determination in writing to the applicant. If determined to be incomplete, the Director shall specify in writing those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. The Director shall set the time and place of public hearings required by this title to be held by the Planning Commission, provided that the Commission may change the time or place of the hearing.
B.
When an application is received for any discretionary action subject to approval by the Planning Commission, and for which there is any known violations of this code, or for which there are any pending code enforcement actions, the Planning Commission may delay action until the condition for which the violation has been cited has been corrected, or may approve the application subject to condition that the code violation be corrected.
C.
The City Clerk shall set the time and place of public hearings required by this title to be held by the City Council, provided that the City Council may change the time and place of a hearing. The City Council shall hold a public hearing on a General Plan amendment, change in zone boundaries or change in zoning regulations, or on any appeal from a decision of the Planning Commission at the next available meeting. Except as provided in Section 18.01.040(C) of this code, notice of a public hearing for a General Plan amendment and Zoning Code amendment shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation published in the City of Yorba Linda.
D.
Except as provided in subsection E below and Section 18.01.040(C) of this code, public hearings required by provisions of this title shall be carried out and noticed in accordance with the procedures set forth in California Government Code Section 65090 et seq.
E.
Notwithstanding the provisions of subsection D above or Section 18.01.040(C) of this code, for projects of City-wide significance, notice of a public hearing before either the Planning Commission or the City Council shall be provided pursuant to the procedures set forth in this subsection. For purposes of this section, a project shall be considered to be of City-wide significance if it requires an Environmental Impact Report pursuant to the requirements of the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.).
1.
Notice of public hearing shall be mailed or delivered to all owners of real property as shown on the latest equalized assessment roll within 2,000 feet of the real property that is the subject of the hearing.
2.
In addition to other required advertising, notice of the public hearing shall be advertised by means of a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City.
3.
Notice of the public hearing shall be broadcast on cable television pursuant to City Council Policy No. A-6 (Use of Government Access Channel).
F.
The project applicant shall provide all information and documentation necessary to satisfy the notice requirements of this section. The project applicant shall pay all costs associated with the notice requirements of this section.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.800 Determinations of Community Development Director.
Any determination, interpretation, decision or similar action taken by the Community Development Director pursuant to the provisions of this title shall be issued in writing within 30 days of receipt of the request for such determination, interpretation, decision or similar action and shall include any required findings. The written determination, interpretation, decision or similar action of the Community Development Director shall be either hand delivered or mailed to the person requesting such determination, interpretation, decision or similar action. The determination, interpretation, decision or similar action taken by the Community Development Director shall be final unless timely appealed to the Planning Commission pursuant to Section 18.36.810.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.810 Appeal to Planning Commission.
Any determination, interpretation, decision or similar action taken by the Community Development Director pursuant to the provisions of this title may be appealed to the Planning Commission within 15 days of the date the written determination, interpretation, decision or similar action is delivered or mailed to the person requesting such determination, interpretation, decision or similar action. When a timely appeal is filed, the appeal shall be considered by the Planning Commission at the next available meeting. The Planning Commission may affirm or reverse, wholly or partially, or may modify the determination, interpretation, decision, conditions of approval or similar action taken by the Community Development Director. The decision of the Planning Commission shall be rendered in writing and shall be final unless timely appealed to the City Council pursuant to Section 18.36.820.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.820 Appeal to City Council.
Any decision of the Planning Commission may be appealed to the City Council within 15 days of the Planning Commission's decision by any person aggrieved by such decision or by any member of the City Council; however, subdivisions are limited to an appeal period of 10 days. When a timely appeal is filed, the appeal shall be considered by the City Council at the next available meeting as a public hearing item. Notice of the public hearing shall be given pursuant to Section 18.36.700(C). The City Council may affirm or reverse, wholly or partially, or may modify the decision, conditions of approval or determination made by the Planning Commission. The decision of the City Council shall be in writing and shall be final.
(Ord. 2004-884; Ord. 2019-1056 § 3)
§ 18.36.830 Application and fee.
An appeal to the Planning Commission pursuant to Section 18.36.810 shall be filed with the Community Development Department on forms provided by the Community Development Director together with an appeal fee established by resolution of the City Council. An appeal to the City Council pursuant to Section 18.36.820 shall be filed with the City Clerk on forms provided by the City Clerk together with an appeal fee established by resolution of the City Council.
(Ord. 2004-884; Ord. 2019-1056 § 3)