[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.
(2) 
Fences and walls.
(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.