[Ord. 672, as amended by
§ 7, Ord. 741, eff. July
7, 1983; § 4, Ord. 774, eff. December 17, 1984]
The Commission may hear and act upon a variance or conditional
use permit as provided herein and pursuant to Title 7 of the Government
Code.
[Ord. 672, as amended by
§ 6, Ord. 728, eff. October
5, 1982; § 7, Ord. 741, eff. July 7, 1983; § 4, Ord. 774, eff. December 17, 1984]
(a) Submission of an Application. Any person desiring a variance or conditional
use permit required by, or provided for, in this ordinance, may file
an application or petition therefor with the City Manager. However,
the City Manager may not accept any application requesting a variance
or conditional use permit for the same use, or substantially the same,
in any case where the Commission or Council has taken a final action
on a previous application within six months prior thereto unless the
applicant can show changed conditions.
[Ord. 672, as amended by
§ 7, Ord. 728, eff. October
5, 1982]
A person applying for a variance or conditional use permit shall
submit an application and such other information as is requested by
the Commission or their authorized representatives. The accuracy of
all information, maps, and lists submitted shall be the responsibility
of the applicant.
Upon receipt of a complete application, the City Manager or
his designee may set the matter for hearing before the Planning Commission.
Notice shall be provided for such hearing as set forth in Article
9 of this chapter.
[Ord. 672, as amended by
§ 7, Ord. 741, eff. July
7, 1983; § 4, Ord. 774, eff. December 17, 1984; § 3, Ord. 1003-01, eff. December 20, 2001; §§ 1 — 4, Ord. 1038-06, eff. March 23, 2006; § 1, Ord. 1097-10, eff. July 1, 2010; amended 12-15-2020 by Ord. No.
1192-20, effective February 1, 2021]
The Commission shall consider applications for a conditional
use permit and may, with such conditions as are deemed necessary,
approve a conditional use which will not jeopardize, adversely affect,
endanger or otherwise constitute a menace to the public health, safety
or general welfare, or be materially detrimental to the property of
other persons located in the vicinity of such use.
(a) In making such determination, the Commission shall find that the
proposed use is in general accord with the following principles and
standards:
(1)
The proposed conditional use shall conform with and carry out
the certified Land Use Plan for the area.
(2)
The nature, condition, and development of adjacent uses, buildings
and structures shall be considered and no proposed conditional use
shall be permitted where such use will adversely affect or be materially
detrimental to said adjacent uses, buildings and structures.
(3)
The site for a proposed conditional use shall be adequate in
size and shape to accommodate the yards, walls, fences, parking and
loading facilities, landscaping and other development features prescribed
in this chapter or as required as a condition in order to integrate
said use with the uses in the neighborhood.
(4)
The site for a proposed conditional use shall be served by highways
and streets adequate in width and improved as necessary to carry the
kind and quantity of traffic such use would generate.
(5)
The proposed conditional use shall be consistent with and carry
out the purpose and intent of the underlying zone.
(b) Conditions imposed by the Commission for a conditional use may involve
any pertinent factors affecting the establishment, operation and maintenance
of the requested use, including, but not limited to:
(1)
Special yards, open spaces and buffer areas.
(3)
Parking facilities, including vehicular ingress and egress and
the surfacing of parking area and driveways to specified standards.
(4)
Street and highway dedications and improvements including sidewalks,
curbs and gutters.
(5)
Water supply and fire protection.
(6)
Landscaping and maintenance of ground.
(7)
Regulation of nuisance factors such as noise, vibrations, smoke,
dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic
disturbances and radiation.
(8)
Regulation of operating hours for activities affecting normal
neighborhood schedules and functions.
(9)
Regulation of signs, including outdoor advertising.
(10)
A specified validation period limiting the time in which development
may begin.
(11)
Provisions for a bond or other surety that the proposed conditional
use will be removed on or before a specified date.
(12)
A site plan indicating all details and data as prescribed in this chapter subject to the provisions of Chapter
9-8, Article 2 (Site Plan Review).
(13)
Such other conditions as will make possible the development
of the proposed conditional use in an orderly and efficient manner
and in general accord with all elements of the General Plan and the
intent and purpose of this chapter.
(c) The Commission shall deny the requested conditional use permit where
the findings indicate, and the Commission determines, that the applicant
has failed to show that the requested use will not jeopardize, adversely
affect, endanger or otherwise constitute a menace to the public health,
safety or general welfare or be materially detrimental to the property
of other persons located in the vicinity of such use, and reasonable
restrictions or conditions to permit the establishment of the proposed
use will not prevent detriment or menace as indicated, and that the
use is not consistent with the purpose and intent of the underlying
zone and does not carry out the Land Use Plan.
[Ord. 672, as amended by
§ 7, Ord. 741, eff. July
7, 1983; § 4, Ord. 774, eff. December 17, 1984]
The Commission may grant a variance, with such conditions as
are deemed necessary to protect the public health, safety and general
welfare. Variances from the terms of the Zoning Ordinance shall be
granted only when, because of special circumstances applicable to
the property including size, shape, topography, location or surroundings,
the strict application of the Zoning Ordinance 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.
A variance shall not be granted for a parcel of property which
authorizes a use or activity which is not otherwise expressly authorized
by the zone regulation governing the parcel of property. No variances
shall be granted which reduce or adversely affect access to or along
the shoreline, including physical or visual qualities of access. The
variance shall be consistent with the Local Coastal Program. Conditions
imposed by the Commission for a variance may involve any pertinent
factors affecting the establishment, operation or maintenance of the
requested use, including, but not limited to:
(a) Granting a variance for a limited time only.
(b) Granting for a limited time only, an expansion or extension of a
previously granted variance or a nonconforming use, on condition that
at the end of such time such prior variance or nonconforming use shall
also terminate and the property shall thereafter be used for such
purposes as are permitted in the zone in which such property is located.
(c) That certain uses, where authorized by the variance or lawful without
such variance, be confined to designated portions of the property
or to designated days, or designated times in a day.
(d) That certain uses, even if lawful without the granting of the variance,
not be made of the property.
(e) That certain uses, where lawful without the granting of the variance,
be not made of the property unless and until certain conditions exist.
[Ord. 672, as amended by
§ 7, Ord. 741, eff. July
7, 1983; Ord. 774, eff. December
17, 1985]
(a) The Commission shall notify the applicant for a variance or conditional
use permit of the action taken on the application.
(b) Notification of the actions of the Commission shall be made either
by serving a notice in a manner required by law for the service of
summons, or by mailing of a written notice using registered or certified
mail, postage prepaid, with a return receipt requested.
[Ord. 672, as amended by
§ 7, Ord. 741, eff. July
7, 1983; § 4, Ord. 774, eff. December 17, 1985; § 3, Ord. 782, eff. November 13, 1985]
An order by the Commission granting or denying a variance or
conditional use permit shall become final and effective 15 days after
receipt by the applicant of a written notice of action taken on a
case provided no appeal of the action taken has been filed with the
City Clerk within the said 15 days.
[Ord. 672]
A variance or conditional use permit that is valid and in effect,
and was granted pursuant to the provisions of this title, shall adhere
to the land and shall continue to be valid upon changes of ownership
of the land or any lawfully existing building or structure on said
land.
[Ord. 672]
Whenever the Commission grants or modifies a variance or conditional
use permit and the grant or modification of said variance or conditional
use permit is subject to one or more conditions, the Commission may
require that the applicant or the owner of the property to which such
variance or conditional use permit applies, file with the City Clerk
a surety bond, or a corporate surety bond, or a deposit of money,
or savings and loan certificates or shares in an amount prescribed
and for the purpose of guaranteeing the faithful performance of said
conditions.
[Ord. 672; § 2, Ord. 866-91, eff. October 3, 1991; § 4, Ord. 897-93, eff. June 3, 1993]
A variance or conditional use permit which is not used within
the time specified in said permit, or if no time is specified within
36 months after the granting of the request shall terminate. Such
termination shall take effect without further City action if a timely
request for an extension of time has not been made or is denied. Any
interruption or cessation of the permitted activity that is beyond
the control of the property owner shall not result in the termination
of such right or privilege.
Upon written request submitted not less than 30 days prior to
termination of the approval, the Planning Commission may grant one
six-month extension of such right or privilege but only upon a finding
that changed circumstances peculiar to the applicant have resulted
in delays beyond the applicant's control, and that the grant of the
extension would not be contrary to the provisions of the Zoning Ordinance.
The City Council may grant one additional extension of not more than
six months upon a finding that changed circumstances peculiar to the
applicant have resulted in delays beyond the applicant's control,
and that the grant of the extension would not be contrary to the provisions
of the Zoning Ordinance.
Notice of hearing on any requested extension shall be given
to any person who requests notice at or after the hearing on the original
grant of the approval.
[Ord. 672; § 3, Ord. 1003-01, eff. December 20,2001]
Except as provided in subsection (a) below, a variance or conditional
use permit shall cease to be of any force and effect if the use has
ceased or been suspended for a consecutive period of one or more years.
(a) With respect to conditional use permits for transient rentals, the
permit or legally nonconforming use shall not terminate if the use
has ceased or been suspended for a minimum period of one year and
all of the following: (1) the property is rented (or made available
for rental) for a minimum one-year period; (2) prior to suspending
the transient use, the owner, agent or managing agency notifies the
Planning Department in writing of the intention to cease or suspend
transient rental in order to rent the property for a minimum one-year
period; and (3) the owner, agent or managing agency provides the Planning
Department with a copy of a lease agreement for a minimum one-year
period.
[Ord. 672]
Neither the provisions of this title nor the granting of any
variance or conditional use permit authorizes or legalizes the maintenance
of a nuisance, either public or private.
[Ord. 672]
Unless specifically modified by a conditional use permit or
variance all regulations prescribed in the zone in which such conditional
use permit or variance is granted shall apply.
[§ 2, Ord. 858, eff. August 9, 1990]
Conditional use permit and variance decisions shall be consistent
with the portions of the County of Los Angeles Hazardous Waste Management
Plan (App. November 30, 1989) relating to siting and siting criteria
for hazardous facilities.