Orange County Major Use Permits Lawyer

ORANGE COUNTY MAJOR USE PERMITS ATTORNEY

A use permit enables property owners and land developers to build on, use, and manage land in ways not generally permitted by the property’s zoning requirements. It authorizes the use of property for specific circumstances outside of usual requirements.

There are both major use and minor use permits, and minor use permits are less expensive, are expected to have less impact on the public, and therefore do not require a public hearing in front of the Planning Commission. Major use permits are larger issues that must be handled by the Planning Commission, and residents within a certain distance of the property in question must be notified. Obtaining these permits can become a complex process and can require significant planning and documentation prior to filing. A land use attorney with experience in major use permits is an exceptional asset when outlining your plans, determining your property’s requirements, and obtaining the permits and entitlements you need.

BLAKE & AYAZ: MAJOR USE PERMITS ATTORNEYS IN ORANGE COUNTY

Major use permits require a significant amount of information, documentation, and planning. At Blake & Ayaz, we aid individual and business clients in managing their land use and zoning issues, including applying for major use permits. We have worked for more than 100 combined years in business and land use law, and we can use our knowledge to help you with the legal and administrative intricacies of your land use issues.

By working with an experienced attorney, you can focus on other important parts of your project. We can keep you informed about the regulations and requirements of your type of property and guide you through the processes available to you. It can often be tedious to gather the essential information about your property, and filing incorrectly can create unnecessary setbacks in your plans. A land use attorney is well-versed in the state and local legal guidelines. We have experience with land use and zoning variance, appealing zoning decisions, land use entitlements, and helping property owners avoid and fight against zoning violations. Let us help you protect your property rights.

WHAT IS A MAJOR USE PERMIT?

A major use permit is a type of discretionary permit necessary when a property owner wishes to use their property in a way outside of typical zoning regulations. A major use permit is necessary if a building project or use of land has:

1. Certain land use accommodations;
2. Unique requirements for design or operation; or
3. A potential to negatively impact the land, environment, or other surroundings.

The City Planning Commission has authority over major use permits, their approval or denial, the modifications of their conditions, and renewing or extending their period of validity.

A major use permit is the first step to enable approval of certain zoning and land use variances, and specific zoning types of land require major use permits for operation. Whether or not your property requires a major use or minor use permit will rely on the local zoning ordinance and specific requirements and regulations on your type of property. A major use permits attorney can help you understand the unique requirements that apply to you, your business, and your real estate or land.

WHERE TO APPLY FOR A MAJOR USE PERMIT IN ORANGE COUNTY

A property owner should first determine the costs of a major use permit and know if it is required for their property needs. An attorney can help you with this process and with each step while filing and attending hearings. The main steps to submit an application for a major use permit are:

1. Consult with the relevant department or administrator for land use and zoning requirements to determine if a major use permit is possible for your situation.
2. Set and attend an appointment for a major pre-application with your local zoning office, which is required for most major use permit applications.
3. Create and submit an application with the forms relevant to your property, which may include the plans and physical architecture of the plot or building, the impact on the local environment, and how resources are used and protected.
4. The application is reviewed by the Planning Commission and other relevant authorities.

WHAT IS INCLUDED IN A MAJOR USE PERMIT APPLICATION?

When drafting and filing the application for a major use permit, a significant amount of information about the property and any proposed use is required:

• A plot or site plan
• Dimensions of the proposed plan
• An environmental study and environmental impacts
• A topographical survey and grading plan
• Architectural elevations
• Landscaping concepts
• Plans for resource protection
• Storm water draining and management report
• Sewer and water services

These documents are provided to the relevant authorities, generally the city or county’s Planning Commission. The applicant will receive a letter that states if there is enough information in the filing. If the application was incomplete, the letter lists the issues with it, the additional information needed, and the regulations necessary for the project. In most counties, this letter must be sent within 30 days of the application being filed.

WHAT INFORMATION IS INCLUDED IN A SITE PLAN?

The exact requirements for a site plan depend on the county you are filing in, the type of application you are submitting, and the specific proposed use of the property. It may include:

• A to-scale, accurate layout of the property
• Where existing buildings or structures sit
• Where proposed buildings or structures will be
• Parking and similar accessibility features
• Setback distances or the distance structures must be from the property edge
• Topographical slope lines
• Electric, water, gas, and sewer line locations
• Nearby streets and other adjacent properties

An attorney can review what information is relevant to your property. Land use attorneys can also have resources and connections to professionals if a site plan for your property needs to be made.

WHAT FACTORS ARE RELEVANT TO THE CITY PLANNING COMMISSION’S APPROVAL?

The Planning Commission looks at several factors when determining if a major use permit will be approved or not. Each county has different regulations. Generally, for an approval, the commission must find the following to be true:

1. The permit request for the use, operation, or maintenance of land doesn’t harm the health, safety, comfort, morals, or general welfare of individuals living and working in the vicinity of the land.
2. The proposed use, operation, or maintenance doesn’t harm property values, aesthetics, and improvements of the vicinity.
3. The proposed use doesn’t harm the general welfare of the county.
4. The location site is capable of the proposed use and development and has the right location, size, and characteristics.
5. The pedestrians and public transportation are able to accommodate the location’s use for the permit.
6. The location has enough public and private safety and health resources for the proposed use, such as drain systems, sewer systems, and firefighter access.
7. The permit request for use works with General Plan and Code policies and supports the intent of the zoning and land use ordinance.
8. The proposed plan meets the requirements of the California Environmental Quality Act (CEQA).

This is all information to consider when creating an application for a major use permit. All relevant requirements should be addressed in the application to ensure the Planning Commission has all the necessary information to approve or deny the request.

The Planning Commission may deny any request for a major use permit that doesn’t meet the requirements of the county or city. The commission may also reply to the permit with certain reasonable conditions, such as specific changes to street management, drainage safety, or timelines in which the project is completed. These requirements can be addressed and resolved before proceedings to a public hearing.

MAJOR USE PERMIT PUBLIC HEARING AND NOTICES

For major use permits, a public hearing is held and advertised to all individuals that the property affects. Every person who owns property and lives within 300 to 700 feet of the exterior borders of the property in question should be notified of the public hearing. The Planning Commission holds the hearing to determine if the major use permit is granted or denied. The Planning Commission’s decision, following the public hearing, is final once the appeal period has ended with no appeals made.

DO I NEED AN ATTORNEY TO FILE FOR A MAJOR USE PERMIT?

It’s possible to file for a major use permit without professional assistance, but it is a complicated process that can be a burden on both individuals and businesses. There is a significant amount of paperwork and documentation required to file for a major use permit, and it can be hard to manage it all.

Additionally, your property and zoning use of that property is unique and may have different zoning and land use laws than are typical. It can be hard to navigate the legal and bureaucratic information about land use, but an attorney has done this before. They have experience filing these requests. A land use attorney has resources that can help in gathering required documents and help you file your application efficiently.

WORKING WITH AN EXPERIENCED LAND USE AND PERMIT ATTORNEY

The attorneys at Blake & Ayaz want to manage the complex requirements of a major use permit application so you can focus on your business or other plans for your property. We help you to understand the process and know what other legal options you may have to manage your land the way you want to. If you are applying for a permit or want to appeal a decision made regarding a permit, contact our team.