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.010 Approval Authority. The approval authority for permits for the uses identified in this Chapter is the Planning Director.
.020 Application Requirements. Application for regulatory permits identified in Chapter 18.16 shall be submitted on a form approved by the Planning Director, which application shall be signed by the applicant and filed with the Planning Department of the City of Anaheim. The application shall include payment of the permit fee in such amount as may be specified by resolution of the City Council. The application shall be submitted at least ten (10) business days prior to the event.
.030 Additional Information. The Planning Director may require other information pertaining to public health, safety, peace and general welfare. Failing to provide all of the information required on the application or by the Planning Director, or submitting any false information on the application, shall constitute grounds for denial of the application.
.040 Review by Police Department. Such application shall be referred to the Chief of Police by the Planning Department for the purpose of investigation and the Chief of Police, or his or her designated representative, shall have ten business days to investigate and forward a recommendation to the Planning Department concerning said application. Upon receipt of such recommendation or upon expiration of ten day period, whichever is sooner, the Planning Director, or his or her designated representative, shall act upon said application. Said permit shall be approved, in writing, unless it is found and determined that either (1) said application fails to conform to the requirements of this Code, or (2) approval of said permit would be detrimental to the health and safety of the citizens of the City of Anaheim, in which event said permit shall be denied.
.050 Application Completeness. Upon the filing of any application, the Planning Director shall determine whether the application is complete, including whether the application is accompanied by the requisite filing fee established pursuant to Section 18.16.020 of this chapter. If the application is not complete, the Planning Director shall not take in the application.
.060 Evaluation. Upon the filing of a completed application, the Planning Director shall conduct an appropriate investigation, including consultation with the Police, Planning and Fire Departments and inspections of the premises as necessary.
.070 Notification of Decision.
.0701 Within ten business days after receipt of a completed application, the Planning Director shall either approve, conditionally approve, or deny the application based on the criteria established and identified for each permit.
.0702 In the event the application is denied, the written notice of denial shall specify the grounds for such denial. Such notice shall also advise the applicant of the right to appeal the decision of denial and shall state the last date on which an appeal may be timely filed which shall be the tenth calendar day after the date on which the notice was deposited in the mail or was personally delivered to the applicant.
.080 Conditions. Conditions may be imposed upon the approval of said permit to assure that the activity conducted will not be operated in a manner contrary to the public health and safety. In addition, conditions as may be required to ensure compliance with City regulations governing the matters contained in the application may also be required.
.0901 An applicant whose application for a regulatory permit has been denied or conditionally approved, or whose permit has been revoked or suspended by the Planning and Building Director may appeal such decision directly to the Employee Hearing Officer by filing a timely appeal with the Planning and Building Department. Any such appeal shall be filed not later than the tenth calendar day following the date notice of the action upon the application was deposited in the mail or personally delivered to the applicant. The appeal shall be deemed filed on the date such appeal is received in the Planning and Building Department, whether by personal delivery or by mail. The Employee Hearing Officer shall set the hearing to be held within fifteen business days after the date of filing of such appeal. The appellant shall be provided written notice of the time, date and place for the holding of such hearing at least ten (10) calendar days prior to the date of such hearing. The appellant, by written request, may waive the time limits set forth in this section, except the time limit within which a timely appeal must be filed.
.0902 After an administrative hearing and consideration of the report and recommendations of the Planning Director and any other evidence or materials submitted by the applicant or other persons, the City Employee Hearing Officer shall either grant the permit, with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in subsection .040 of Section 18.16.030. The decision of the City Employee Hearing Officer shall be final.
.100 Amendment to Permit Approval.
Amendment of an approved permit may be initiated by filing an application on forms approved by the Planning Director with the Planning Department. Such amendment may involve a change to the approved use, alteration of the approved structure, change in configuration of site improvements, change of ownership and/or modification or deletion of one or more conditions of approval. There are two classifications of permit amendments based on their significance, consequences, and/or the amount of additional processing and review required. Amendments may be reviewed by all City departments at the discretion of the Planning Director.
.1001 Minor Amendments. Minor amendments are modifications that may be reviewed and approved by the Planning Director. Such amendments include minor change of entertainment type where the intensity is not increased; change of ownership for Automotive Sales Agency Office (Wholesale), smoking lounge and/or entertainment permits; tenant improvements; and changes in the entertainment area where parking and the intensity of the activity are not increased. The Planning Director has the authority to add or modify conditions of approval. Minor Amendments shall also comply with the following:
.01 The original approval of the permit occurred less than ten (10) years prior to the request for amendment.
.02 The underlying zoning and the General Plan land use designation for the area in which the amendment is proposed have not changed significantly since the permit was originally approved;
.03 No new waivers of code requirements are needed;
.04 No substantive changes to the approved site plan are proposed;
.05 The nature of the approved use is not significantly changed;
.06 The approved use is not intensified.
.1002 Major Amendments. Major amendments are subject to a new application and are processed in the same manner as a new permit. An amendment shall be considered major if it does not meet any one or more circumstances in subsection 18.16.030.100.1001 above. A change of ownership for massage establishments is considered a major amendment. The review authority may approve in whole or in part, conditionally approve, or deny the amendment. (Ord. 6245 § 29 (part); June 5, 2012: Ord. 6351 §§ 10, 11; December 15, 2015: Ord. 6425 § 8; December 19, 2017.)